Appeal of P. S. Docket No. MD-219 -- KATHY L. WILLIAMS

Administrative Law Judges

In the Matter of a Mail Dispute		)	May 12, 1994
Between:				)
					)
KATHY L. WILLIAMS			)
					)
	and				)
					)
ROSA WILLIAMS				)	P. S. Docket No. MD-219

APPEARANCE FOR KATHY L. WILLIAM:	None.

APPEARANCE FOR ROSA WILLIAMS:		None.

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721(c) which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Jimmy F. Williams, R.R. 03, Box 1456, Baxley, GA 31513-8816, is presently being held by the Baxley Postmaster. Neither disputant submitted the sworn statements required by 39 C.F.R. §965.5.

FINDINGS OF FACT

1. On February 22, 1994, Jimmy F. Williams executed a general power of attorney appointing his mother, Rosa H. Williams, as his attorney-in-fact (Field Counsel submission).

2. On February 28, 1994, Jimmy F. Williams executed a document which appointed his wife, Kathy L. Williams, to be his lawful guardian (Id.).

3. Both Rosa H. Williams and Kathy L. Williams have requested the Baxley, GA Postmaster that they be given the mail addressed to Jimmy F. Williams, R.R. 03, Box 1456, Baxley, GA 31513-8816 (Id.).

4. On May 6, 1994, Judge Diane Hallman, Probate Court, Appling County, Georgia, issued an Order designating Rosa H. Williams the guardian of the person and property of Jimmy F. Williams, an incapacitated adult. The Letters of Guardianship of Person and Property required Rosa H. Williams to protect and maintain the person and property of Jimmy F. Williams (Field Counsel supplemental submission).

CONCLUSIONS OF LAW

1. The May 6, 1994 Court Order superseded the February 28, 1994 document, executed by Jimmy F. Williams, which had previously named Kathy L. Williams as his lawful guardian.

2. Under Georgia law the guardian of a person is entitled to the custody of the person of his [or her] ward (Code of Georgia Annotated, Section 29-5-3).

3. Further, the guardian of person and property of an incapacitated person is entitled to retain possession and control of his or her ward's effects so long as he or she continues as guardian (Bonner v. Evans, 89 Ga. 656, 15 S.E. 906 (1892)).

4. As the guardian of the person and property of Jimmy F. Williams, Disputant Rosa Williams is entitled to receipt of the mail of Jimmy F. Williams.

5. The attached mail delivery order should be issued.

					James D. Finn, Jr.
					Administrative Judge