CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #46

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jakat

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This was the first thing what came up in my mind too while reading that.

But upon reading up about radon I realized that many people are living (with and without cancer) in Colorado and in and around the Rocky Mountains and other states where radon is potentially high and this is something which provided some safety measures and adjustments is manageable inside the home. But it definitely must be checked. Even in the country I live in there is the same problem in a region and there are many people living there. The government here goes to those homes for free upon request to check the levels and they are proposing measures in light of the results.

I believe the UV exposure is because of the higher altitude. I don’t like snow and skiing, but my friends who are going to ski they always come back with a serious tan from whichever mountains they went to. Just use protection all the time and this still doesn’t make the mountains unhealthy.

There is also something we don’t exactly know which is when they bought the house. I think we heard SM’s cancer came back before the move to Colorado but we don’t know if they already owned the house or not. We also don’t know if they were measuring the radon levels in their home or if they did or planned to make some adjustments in the house. It would indeed be interesting to know if they knew about this. Maybe someone from the RE sector would know if this is obligatory to tell, although this is not only a problem of their property.

Lastly if those hazards in open air would really adversely affect the population living there, I think there wouldn’t be many people around there anymore. The radon problem exists in Denver too for instance.
There is radon induced lung cancer for sure, so monitoring the levels of it seems logical to me and hopefully BM made sure of that in order to keep everybody living there healthy. What I read about it is that it seems to be concentrated in basements but I’m not an expert by any means.
My former home in CT had radon in the water, but not in the air. I lived in that house for 40 years. There was no such thing as a radon test in 1977. I really don't think they knew much about it back then. There was a lot of ledge and rocks in the yard, and we had a well which is how it seeps into the water. I drank, showered and used that water for 40 years. Luckily so far, I don't have cancer, but that's not to say I won't get it in the future.

When the house was sold, we had a tank installed that bypassed the radon in the water. Radon testing is a law in CT now when a house is up for sale.

It's hard for me to believe the air test was negative, but the water test was positive.
 

oviedo

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I can’t imagine any legal standing or rights my parents would have in regards to me as an adult, especially if I didn’t put it in writing. I love my parents dearly but that whole Guardianship thing with SM’s dad confuses me. IMO
Each state has their own laws regarding guardianship and some have come together for uniformity - my state does not participate. Ours requires Notice be given to those parties defined -same as IN/ first your adult children and if none- then your parents. In this case she’s missing not incapacitated but this is allowed In IN/CO - I don’t think it would be in my state but no one has challenged it that I have found. Best way to avoid guardianship altogether IMO is have a durable power of attorney but of course the person you give it to then has the power to deed your property away, drain your bank and investment accounts, make a new Will And or trust - so you really really really need to completely trust them ... and if you have any doubts ? You don’t give them the Power of attorney ...or a limited one specific to one transaction...
JMO
 

BeckyF

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A few points of disagreement & clarification:

1. While I understand the view held by many that Barry being appointed guardian is somehow unjust, I disagree with the characterization that Barry "wrongfully seized" any assets. He went through a court proceeding created by Indiana's General Assembly. The process was open & anybody could've lodged an objection to Barry's guardianship if they wished to do so.

Some have criticized Indiana Code § 29-3-1-7.5, which defines "incapacitated person" to include -- among other things -- "an individual who...cannot be located upon reasonable inquiry." That may indeed be part of the Indiana Code that should be altered, but -- until it is -- section 29-3-1-7.5 is good law.

2. There's been no evidence of "coercion" on Barry's part against his daughter.

3. Even assuming that Barry "coerced" his daughter, Barry didn't need his daughter to sign anything that showed agreement with the guardianship. Indiana Code § 29-3-6-1(a)(4)(A) requires that notice of the guardianship petition be provided to the incapacitated person's adult children but their assent is not necessary.

4. Likewise, Barry didn't need GM to agree to the guardianship. In fact, GM would only have to be given notice if Suzanne had no adult children, per Indiana Code § 29-3-6-1(a)(4)(A). Even if GM had agreed to Barry's guardianship, it would've meant nothing, as Suzanne has an adult child.

I have no idea why Barry would even ask GM about the guardianship because -- from a legal perspective -- the adult daughter was the proper person to serve with notice, not GM.

5. Barry did not have Suzanne "declared 'incapacitated.'" The court -- after a hearing -- found that Suzanne was incapacitated because Suzanne could not "be located upon reasonable inquiry."
Thank You for clarifying these points. Much appreciated.
 

Seattle1

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I can’t imagine any legal standing or rights my parents would have in regards to me as an adult, especially if I didn’t put it in writing. I love my parents dearly but that whole Guardianship thing with SM’s dad confuses me. IMO
I think the law agrees with you. According to the Indiana Statute, SM's dad is actually at the bottom of the list when seeking a close blood relative.

The typical pecking order is a spouse (unless legally divorced), adult children, and if no adult children available, the parents of the ward. IMO, BM contacted Gene first for BM's benefit and his daughter's benefit was second. MOO
 

girlhasnoname

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I always keep up with Suzanne's threads and even though we may not see much going on, I have no doubt an arrest is coming for a certain gym loving, muscle bulging, tank top wearing, blonde tips, mid-life crisis 'someone'. ;)

Karma

MOO
 

susiQ

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I always keep up with Suzanne's threads and even though we may not see much going on, I have no doubt an arrest is coming for a certain gym loving, muscle bulging, tank top wearing, blonde tips, mid-life crisis 'someone'. ;)

Karma

MOO
Ah yes! Can’t wait. One of our members here had the signature:
“Welcome to Karma Cafe, where everyone is served, what they deserve.”
Made me LOL :)
 

Murphy1950

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Each state has their own laws regarding guardianship and some have come together for uniformity - my state does not participate. Ours requires Notice be given to those parties defined -same as IN/ first your adult children and if none- then your parents. In this case she’s missing not incapacitated but this is allowed In IN/CO - I don’t think it would be in my state but no one has challenged it that I have found. Best way to avoid guardianship altogether IMO is have a durable power of attorney but of course the person you give it to then has the power to deed your property away, drain your bank and investment accounts, make a new Will And or trust - so you really really really need to completely trust them ... and if you have any doubts ? You don’t give them the Power of attorney ...or a limited one specific to one transaction...
JMO

I have a sibling who is in construction and his wife works for local government, clerical position. They were clueless about the term or what a POA was used for, they thought it was only something "old' people did/needed. They aren't stupid people, I get that, they just didn't ever think about it or have the need. Because of my business experience over the years, I brought up the subject, when I thought it would be useful for them. I do think most of my siblings now have a POA with their spouses.

Suzanne and Barry together were much more business savvy than most couples, first from her illness alone there was a need, you would have to be considering these things from day one. (The what if's, ) then she had the foundation, someone savvy helped set that up/got it rolling, and he his own business for 20+ years, no doubt an attorney helped set that up, surely they had knowledge of those basic instruments. Someone who inherited a half a million a few years back had to know some basic financial survival tools.

I can't help it but to me it's beyond telling that Barry didn't even have a 'limited" POA to complete the Indiana transaction considering her cancer had reoccurred in that timeframe.
 
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oviedo

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I have a sibling who is in construction and his wife works for local government, clerical position. They were clueless about the term or what a POA was used for, they thought it was only something "old' people did/needed. They aren't stupid people, I get that, they just didn't ever think about it or have the need. Because of my business experience over the years, I brought up the subject, when I thought it would be useful for them. I do think most of my siblings now have a POA with their spouses.

Suzanne and Barry together were much more business savvy, first from her illness alone there was a need, you would have to be considering these things from day one. (The what if's, ) then she had the foundation, someone savvy helped set that up/got it rolling, and he his own business for 20+ years, surely they had knowledge of those basic instruments. Someone who inherited a half a million a few years back had to know some basic financial survival tools.

I can't help it but to me it's beyond telling that Barry didn't even have a 'limited" POA to complete the Idaho transaction considering her cancer had reoccurred in that timeframe.
Exactly!
Jmo
 

Fireflize

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I have a sibling who is in construction and his wife works for local government, clerical position. They were clueless about the term or what a POA was used for, they thought it was only something "old' people did/needed. They aren't stupid people, I get that, they just didn't ever think about it or have the need. Because of my business experience over the years, I brought up the subject, when I thought it would be useful for them. I do think most of my siblings now have a POA with their spouses.

Suzanne and Barry together were much more business savvy, first from her illness alone there was a need, you would have to be considering these things from day one. (The what if's, ) then she had the foundation, someone savvy helped set that up/got it rolling, and he his own business for 20+ years, surely they had knowledge of those basic instruments. Someone who inherited a half a million a few years back had to know some basic financial survival tools.

I can't help it but to me it's beyond telling that Barry didn't even have a 'limited" POA to complete the Indiana transaction considering her cancer had reoccurred in that timeframe.

Absolutely. She didn't give him POA. I'll bet that just pained him.
The only explanation that I can think of is that she didn't trust him to make decisions that would be in line with what her wishes were.
Moo
 

Fidobell

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I always keep up with Suzanne's threads and even though we may not see much going on, I have no doubt an arrest is coming for a certain gym loving, muscle bulging, tank top wearing, blonde tips, mid-life crisis 'someone'. ;)

Karma

MOO
I check in most nights , from here in Scotland . You guys do a stellar job with knowledge , legalities and internet searches . I don't post so much but we are all here for the same end . It's coming, we have just got to be patient ,
 

Momofthreeboys

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Suzanne and Barry together were much more business savvy than most couples, first from her illness alone there was a need, you would have to be considering these things from day one. (The what if's, ) then she had the foundation, someone savvy helped set that up/got it rolling, and he his own business for 20+ years, no doubt an attorney helped set that up, surely they had knowledge of those basic instruments. Someone who inherited a half a million a few years back had to know some basic financial survival tools.

I can't help it but to me it's beyond telling that Barry didn't even have a 'limited" POA to complete the Indiana transaction considering her cancer had reoccurred in that timeframe.

That was something that surprised me also. My husband and I have them and they have come in quite handy at times. And if something happened to one of us short of dying I can’t imagine carrying on without POAs the way our assets are structured.
 

Seattle1

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That was something that surprised me also. My husband and I have them and they have come in quite handy at times. And if something happened to one of us short of dying I can’t imagine carrying on without POAs the way our assets are structured.
It's long been an inside joke among family and friends that dad would not allow his kids to leave for University without two things: signing a POA and knowing how to change a tire. In the days of a global pandemic, POA's are for everybody, every age. In several states, the POA does not even have to be witnessed or notarized.
 
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