In the Matter of a Mail Dispute        ) October 26, 1993
 Between:                               )
                                        )
 JERRY AND JEWELL PIERCE                )
                                        )
 and                                    )
                                        )
 MARY JOYCE ESTLINBAUM                  ) P. S. Docket No. MD-200

 APPEARANCE FOR
 JERRY AND JEWEL PIERCE:                None

 APPEARANCE FOR
 MARY JOYCE ESTLINBAUM: None

The Memphis Law Office, United States Postal Service, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) Transition Book § 153.721 (c). The mail in dispute is that addressed to Ms. Edith Garner, Ms. Hattie Garner, or Ms. Mable McDaniel, General Delivery, Marshall, AR 72650-9999. Neither party has submitted a sworn statement in accordance with 39 C.F.R. § 965. The following findings of fact and conclusions of law are based on documents forwarded by the United States Postal Service Memphis Law Office.

1. On July 1, 1993, Ms. Edith Garner, Ms. Hattie Garner, and Ms. Mable McDaniel each executed a power of attorney appointing Disputants "Jerry or Jewel Pierce" [their brother-in-law and sister]:

"true and lawful Attorney, for me, and in my name, place and stead, ... giving and granting unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present ..., hereby ratifying and confirming all that my said Attorney ... shall lawfully do or cause to be done by virtue hereof."

The powers of attorney were filed with the Probate Court of Searcy County, Arkansas on July 2, 1993.

2. On July 6, 1993, a judge in the Probate Court of Searcy County issued an Order pursuant to a petition by Disputant Mary Joyce Estlinbaum declaring Edith Garner, Hattie Garner, and Mable McDaniel to be incapacitated persons in that they were unable to attend to their personal and business interests by virtue of their ages and poor health. Ms. Estlinbaum, their niece, was appointed temporary guardian of the persons and estates of all three women. The temporary guardianship was to continue for a period of ninety days, the maximum period allowable under Arkansas law (Ark. Code Ann. § 28-65-218).

3. According to the letter from the Memphis Law Office, the Pierces and Ms. Estlinbaum both assert the right to direct delivery of the mail addressed to the three women.

1. Section 28-65-106 of the Arkansas Code Annotated (1987) provides:

"An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court."

2. The record in this matter does not indicate that the temporary guardianship ordered on July 6, 1993 has been extended in any manner or that another guardian has been appointed. Accordingly, the guardianship of Disputant Estlinbaum expired by its own terms on or about October 6, 1993. Therefore, Ms. Estlinbaum's powers under the guardianship have ceased. Ark. Code Ann. § 28-65-401(c)(1).

3. The terms of the powers of attorney executed by Edith Garner, Hattie Garner, and Mable McDaniel can reasonably be read to include the power to receive mail on their behalf. Accordingly, whether or not the powers of attorney survived the appointment of the temporary guardian, which appointment has now lapsed, I conclude that it was the desire of all three women that the Pierces be the persons to take care of matters on their behalf. As there is no evidence that the women have been declared by a court to be incompetent to make that decision, or that a permanent guardian has been appointed with the power to receive the mail in issue, I conclude that the mail addressed to all three should be delivered as directed by Disputants Jerry and Jewel Pierce. Should a court decide that the mail is to be delivered to another party, that decision is to be followed. DMM § 153.73. The attached mail delivery order should be issued.

                                        David I. Brochstein
                                        Administrative Judge

Text of proposed delivery order:

Mail addressed to Edith Garner, Hattie Garner, or Mable McDaniel, General Delivery, Marshall, AR 72650-9999 is to be delivered as directed by Jerry and Jewell Pierce.