CO CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #12

Discussion in 'Missing Persons Discussion' started by Mysti88c, May 12, 2020.

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  1. Seattle1

    Seattle1 #LiveLikeLizzy

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    Brilliant and thanks for your courtesy.

    Do you believe the Code provides for Guardianship for a missing person that cannot be examined?

    Emergency, limited Guardianship here?

    Seems that it would be Conservator applicable to protect an asset or loss.
     


  2. AugustWest

    AugustWest Well-Known Member

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    There are three states which haven't adopted the UAGPPA (Uniform Adult Guardianship, blah blah): Florida, Kansas and Texas. This may be the reason. This act would qualify Ms. Morphew as an "incapacitated person." The act formulates the definitions of terms used within and when they are applicable. Here is a link for convenience:

    https://www.uniformlaws.org/HigherL...b28-3346-1132-d8ec-30de7d1f702e&forceDialog=0
     
  3. curiousgene

    curiousgene Well-Known Member

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    IMO B
    I will look at the Fotis Dulos case but I do have a quick question for you, Do you think the Judge will at least get in touch with the investigating agency for some inputs before deciding on the petition or will it simply go ahead as per the book and grant guardianship, if all other requirements are met, even though the timing and motive are highly suspect? Appreciate your input.
     
  4. oviedo

    oviedo Well-Known Member

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    well now that is very interesting... thank you.
    i wonder why more spouses of missing people don't rush to the courts to get control over those assets before their spouse has even been missing 30 days? I don't like this precedent and I hope FL doesn't adopt it.
    JMO
     
  5. Spartygirl

    Spartygirl Verified Insider - Michael Vanzandt case

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    Right.. That was what I meant -- LOL
    Saying he is "broke" yet offering reward money, knowing full well it will not be paid out.
     
  6. AugustWest

    AugustWest Well-Known Member

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    To @oviedo and @Seattle1

    In answer to your question, I believe the language of the statute is adequate to account for this situation.

    As to the question of emergency guardianship, such is normally reserved for medical emergencies, but a colorful argument could be made to deem it such.
     
    TRB, Sunny123, AnnaGrace and 12 others like this.
  7. oviedo

    oviedo Well-Known Member

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    Indiana Code Title 29. Probate § 29-3-3-4 | FindLaw
    Sec. 4 . (a) If:

    (1) a guardian has not been appointed for an incapacitated person or minor;

    (2) an emergency exists;

    (3) the welfare of the incapacitated person or minor requires immediate action;  and

    (4) no other person appears to have authority to act in the circumstances;

    the court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days.  No such appointment shall be made except after notice and hearing unless it is alleged and found by the court that immediate and irreparable injury to the person or injury, loss, or damage to the property of the alleged incapacitated person or minor may result before the alleged incapacitated person or minor can be heard in response to the petition.  If a temporary guardian is appointed without advance notice and the alleged incapacitated person or minor files a petition that the guardianship be terminated or the court order modified, the court shall hear and determine the petition at the earliest possible time.

    (b) If:

    (1) a petition is filed under this section for the appointment of a temporary guardian;  and

    (2) each person required to receive notice under IC 29-3-6-1(a) has not:
    It has to be filed under the "emergency temporary" statute.
    more at link.
    -----
    Our petitions for ETG actually say Emergency Temporary Guardian in the pleading title - wonder if IN does as well?
    JMO
     
  8. Spartygirl

    Spartygirl Verified Insider - Michael Vanzandt case

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    Right.. That was what I meant -- LOL
    Saying he is "broke" yet offering reward money, knowing full well it will not be paid out.
     
  9. Tate123

    Tate123 Well-Known Member

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    I'm not sure about that.
     
  10. carbuff

    carbuff Well-Known Member

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    We seem to be making an awful lot of assumptions about BM's finances and business dealings based off very little information. Yeah, we can speculate...but this seems a bit like building the proverbial house of cards.
     
  11. Dave F.

    Dave F. Former member

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  12. happyday

    happyday Well-Known Member

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    If nothing else, declaring someone (a loved one) incapacitated right after she’s gone missing so you can sell her stuff is tacky tacky tacky. Ugh. OPTICS.
     
  13. oviedo

    oviedo Well-Known Member

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  14. oviedo

    oviedo Well-Known Member

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    and it only costs $177
    Financial Information
    Financial Balances reflected are current representations of transactions processed by the Clerk’s Office. Please note that any balance due does not reflect interest that has accrued – if applicable – since the last payment. For questions/concerns regarding balances shown, please contact the Clerk’s Office.
    Morphew, Barry L
    Petitioner
    Balance Due (as of 06/05/2020)
    0.00
    Charge Summary
    Description Amount Credit Payment
    Court Costs and Filing Fees 177.00 0.00 177.00
    Transaction Summary
    177.00
    Date Description Amount
    06/03/2020 Transaction Assessment
    06/03/2020
    Motion Filed
    Motion to Waive Hearing
    Filed By:
    Morphew, Barry L
    File Stamp:
    06/01/2020
    06/03/2020
    Motion Filed
    Motion to Sell real estate
    Filed By:
    Morphew, Barry L
    File Stamp:
    06/01/2020
    06/05/2020
    Hearing Scheduling Activity
    Hearing on Petition to Establish Guardianship scheduled for 09/01/2020 at 10:00 AM.
    06/05/2020
    Order Issued
    Order Approving Sale of Real Estate entered. ew
    Judicial Officer:
    Casati, Michael A.
    Noticed:
    Hoeller, Mary Jane
    Order Signed:
    06/05/2020
    06/05/2020
    Order Granting Temporary Guardianship
    Judge CASATI,MICHAEL
    Order Signed:
    06/05/2020
    06/05/2020
    Letters of Guardianship Issued
    Temporary Adult Guardianship
    File Stamp:
    06/05/2020
    06/05/2020
    Order Issued
    Order Setting Videoconference Hearing entered. The Court schedules a hearing to be conducted as a Microsoft Teams Videoconference Hearing on Sept. 1, 2020 at 10:00 a.m. ew
    Judicial Officer:
    Casati, Michael A.
    Noticed:
    Hoeller, Mary Jane
    Order Signed:
    06/05/2020
    09/01/2020
    Hearing on Petition to Establish Guardianship
    Session:
    09/01/2020 10:00 AM, Judicial Officer: Casati, Michael A.
    Comment:
    345-MAC-permanent (by video, 30 minutes)
     
  15. GordianKnot

    GordianKnot Former Member

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    Holy Crud.
    Holy Crud.

    SFA:
    06/05/2020
    Order Issued
    Order Approving Sale of Real Estate entered. ew
    Judicial Officer:
    Casati, Michael A.
    Noticed:
    Hoeller, Mary Jane
    Order Signed:
    06/05/2020


    Poor SM hasn't even been missing a month, and he's already gotten the court to sign off on the sale of "their" property.

    He's been a busy little beaver.

    Priorities.

    JMO.
     
    Last edited: Jun 5, 2020
  16. 10ofRods

    10ofRods Verified Anthropologist

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    I imagine they found her DNA on a toothbrush or hair brush or both. Or in laundry. They would have needed it early on to rule out stranger DNA in the house (surely they also asked for BM's). The daughters' DNA would line up with the parents' DNA.
     
  17. Hatfield

    Hatfield Well-Known Member

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    JMO
    If LE ends up finding her body and it is proven that she was murdered by someone, then I am thinking this could also be another item to include in the list of circumstantial evidence.
     
  18. Hoosierfan72

    Hoosierfan72 Well-Known Member

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  19. Knox

    Knox Well-Known Member

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    Order Issued
    Order Approving Sale of Real Estate entered. ew
    Judicial Officer:
    Casati, Michael A.
    Noticed:
    Hoeller, Mary Jane
    Order Signed:
    06/05/2020

    So does that mean the sale was approved?
     
  20. 10ofRods

    10ofRods Verified Anthropologist

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    Suzanne Morphew and her husband Barry Morphew held properties (more than one) in Indiana, where they were born and raised. In approximately late 2018, they moved to Colorado and purchased a house there. Their tax bills from Indiana were sent to Colorado.

    Suzanne went missing on Mother's Day, while BM was out of town. LE said they did not suspect suicide, animal attack or abduction. They live in a remote area near a river, and Suzanne's bike was found near the river.

    3-4 weeks later, Barry wants Guardianship of her so that he can do something. We all suspect it has to do with finances and property, although it's possible that BM's lawyer in Colorado (criminal lawyer) may want access to some of SM's financial records that may not be available to BM.

    Suzanne had been unwell, having gone through two different kinds of cancer and recently pronounced recovered. Many of us here think that means the couple would have had durable PoA, but perhaps they did not. At any rate, there are two daughters, one is 16, the other is 20. We are all wondering why a Guardianship/Conservatorship is needed, as well as how it is possible for a spouse to get one when their partner has only been missing for 4 weeks.

    It seems that some family member (probably the older daughter) has waived contesting the upcoming Guardianship hearing.

    Thank you for coming to the thread, @gitana1 It just seems so strange that someone could gain control of a missing person's finances so quickly and so readily.
     
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