United States Postal Service(TM)
Administrative Law Judges 


In the Matter of a Mail Dispute Between		)   August 2, 1994
						)
WILBERT ELDER					)
						)
	and					)
						)
LAMAR ELDER and					)
LACETTA ELDER PORTLEY				)   P. S. Docket No. MD 94-31


APPEARANCE FOR WILBERT ELDER:			Wilbert Elder
						Route 6, Box 198A
						Longview, TX  75603-9549

APPEARANCE FOR LAMAR ELDER
   and LACETTA ELDER PORTLEY:			Lacetta Elder Portley
						1000 Danville Road, Apt. 518
						Kilgore, TX  75662-2362

INITIAL DECISION



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 Almora Kennedy Elder, Route 6, Box 198A, Longview, TX 75603-9549. The mail is currently being held by the Longview Postmaster. Wilbert Elder submitted a written, unsworn statement and additional documents in support of his claim to the mail. Lacetta Elder Portley submitted an unsworn statement and documents in support of her and Lamar Elder's claim to the mail. The following findings are based on the parties' submissions in this proceeding as well as their prior submissions to the Longview Postmaster.

FINDINGS OF FACT

1. On May 27, 1994, Almora K. Elder executed a Notice of Revocation of Power of Attorney and Substitution of Attorney in Fact, revoking an earlier power of attorney granted to Lamar Elder and naming Wilbert Elder as her attorney-in-fact. Ms. Elder granted to Wilbert Elder the powers enumerated in the previous durable power of attorney to Lamar Elder, which included broad authority to manage her personal and business affairs.

2. Ms. Elder lives with Wilbert Elder, her son, in Longview, Texas, at the address that is in dispute.

3. According to Lacetta Elder Portley's unsworn statement, Ms. Elder has suffered two strokes that have left her incapable of caring for herself. Ms. Portley, who is Ms. Elder's daughter, alleges Ms. Elder signed the power of attorney in favor of Wilbert Elder against her will.

4. Lamar Elder has engaged an attorney to obtain legal guardianship of Ms. Elder, but there is no evidence a guardian has been appointed.

5. Ms. Portley has requested that Ms. Elder's mail be forwarded to a post office box in Longview, Texas. Wilbert Elder has asked that Ms. Elder's mail be delivered as addressed, to Route 6, Box 198A in Longview.

CONCLUSIONS OF LAW

1. Through her appointment of Wilbert Elder as her attorney-in-fact, Almora Elder has authorized him to receive her mail. See Tex. Prob. Code Ann. §§ 491, 501. Ms. Portley has not submitted evidence to support her allegation that Ms. Elder signed the power of attorney against her will and has not demonstrated that Ms. Elder was legally incompetent to execute the document.

2. Therefore, mail sent to Ms. Elder at Route 6, Box 198A, in Longview should be delivered as addressed or as otherwise directed by Wilbert Elder.

3. The Postal Service will follow a decision of a court directing another disposition of Ms. Elder's mail or the direction of a court-appointed guardian acting within the scope of his or her authority.

4. The attached order should issue.



						Norman D. Menegat
						Administrative Judge