In the Matter of a Mail Dispute	) December 17, 1993
 Between:				)
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 MICHAEL W. GREENE			)
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 and					)
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 KAREN N. WESLEY			) P. S. Docket No. MD-205

 APPEARANCE FOR MICHAEL W. GREENE:	Michael W. Greene
                                        704 Deter Road
                                        Richmond, VA  23234-5318

 APPEARANCE FOR KAREN N. WESLEY:	Karen N. Wesley
                                        3824 Homeward Road
                                        Richmond, VA  23234-4865

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book § 153.72, which requires the chief field counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Charles and/or Fannie Cooksey, 3309 Delano St., Richmond, Virginia 23234-1530. Both claimants to the mail filed submittals consisting of unsworn statements with attachments. Neither filed comments to the other's submittal as permitted by 39 C.F.R. § 965.6. The disputed mail is currently being held by the Postmaster, Richmond, Virginia.

The findings that follow are based on the parties' submittals and information from field counsel and the Richmond Post Office.

1. On March 26, 1993, Fannie D. Cooksey and Charles Cooksey, husband and wife, appeared before a notary and executed separate powers of attorney appointing Michael W. Greene as their attorney-in-fact to act for them in all matters affecting their property, estate, affairs or business. Each document provided that the power of attorney granted would not terminate upon the disability, incompetence or incapacity of the principal.

2. On July 29, 1993, the Cookseys appeared before a notary and executed a power of attorney appointing Karen N. Wesley as their attorney-in-fact to act for them in all matters relating to their property, estate, affairs or business. It also provided that the power of attorney would not terminate upon the disability, incompetence or incapacity of the principals.

3. On August 26, 1993, Charles Cooksey appeared before a notary and executed a Revocation of Power of Attorney, in which he revoked his March 26, 1993 power of attorney in favor of Mr. Greene.

4. Michael Greene cared for the Cookseys beginning in 1988 and owned a home jointly with them.

5. Karen Wesley, her mother and sister have been caring for the Cookseys since August 27, 1993, including making arrangements for hospital care for the Cookseys.

1. Through the July 29, 1993 power of attorney, Charles and Fannie Cooksey granted Ms. Wesley broad authority to manage their affairs. The authorization is broad enough to include the power to control delivery of the Cookseys' mail.

2. The principal may revoke a power of attorney previously granted, Kelly Health Care, Inc. v. Prudential Ins. Co. of America, Inc., 226 Va. 376, 380; 309 S.E.2d 305, 307 (1983), and Mr. Cooksey revoked Mr. Greene's power of attorney on August 26, 1993, ending any right Mr. Greene may have had to direct delivery of Mr. Cooksey's mail.

3. Ms. Cooksey has not formally revoked her earlier power of attorney in favor of Mr. Greene. However, her execution of the power of attorney granting to Ms. Wesley the same authority previously granted to Mr. Greene is inconsistent with Mr. Greene retaining such authority and, therefore, has the effect of revoking Mr. Greene's authority to act for her. See Restatement (Second) of Agency, § 119 cmt. b (1958); 2A C.J.S. Agency § 121 (1972).

4. There is no evidence in the record to support Mr. Greene's suggestion that the Cookseys executed the July 29, 1993 power of attorney under duress or that they were legally incompetent to do so.

5. Ms. Wesley is entitled to control delivery of mail addressed to Charles and/or Fannie Cooksey at 3309 Delano, Richmond, Virginia 23234-1530.

Should a court decide that the mail is to be delivered to another party, that decision is to be followed.

6. The attached mail delivery order should be issued.

 					Norman D. Menegat
 					Administrative Judge