August 4, 2000

In the Matter of a Mail Dispute Between					
					
RANDOLPH TUTT				
					
	and				
					
GEORGE W. RAMSEY			   

P.S. Docket No.  MD 00-234


APPEARANCE FOR DISPUTANT		Randolph Tutt
	RANDOLPH TUTT:			c/o Robert H. Cofer, Esq.
					P.O. Box 265
					Thomson, GA 30824-0265

APPEARANCE FOR DISPUTANT		Robert E. Knox, Jr., Esq.
	GEORGE W. RAMSEY:		Knox and Swan
					Knox Building
					Thomson, GA 30824-0539

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998) Section 616.21, 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 Shirley Ramsey at P.O. Box 97, Harlem, Georgia 30814-0097. The Harlem, Georgia Postmaster is currently holding the mail.

Both parties filed sworn statements and other documents in support of their positions, as required by 39 C.F.R. §965.5. The following findings of fact are based on all the material submitted by the parties, including material forwarded by the United States Postal Service Law Department, Atlanta Office.

1. Shirley Ramsey resides in a nursing home in Thomson, Georgia. Disputant George Ramsey is her former husband. Disputant Randolph Tutt is her adopted son. (Ramsey affidavit; Tutt affidavit; Termination of Power of Attorney).

2. On November 24, 1998, the Superior Court of Columbia County, Georgia, entered a final divorce decree in the marriage of Shirley and George Ramsey. (Attachment to Law Department submission).

3. On October 27, 1999, Ms. Ramsey executed a general power of attorney, appointing Randolph Tutt to manage all her business affairs. (Attachment to Law Department submission).

4. On November 29, 1999, Ms. Ramsey signed a Termination of Power of Attorney stating that she, "desires to terminate, cancel, and make of no further legal effect any power of attorney or other authorization for RANDY TUTT . . .." On that same date, she executed another general power of attorney, appointing George Ramsey, or William Evans, Jr., to manage all her affairs. (Attachments to Ramsey affidavit).

The termination of the power of attorney to Mr. Tutt and the new power of attorney to Mr. Ramsey appear on their face to have been properly executed. Nothing filed by Mr. Tutt casts doubt on the validity of these documents. These documents demonstrate Ms. Ramsey's intention to have Mr. Ramsey, not Mr. Tutt, act in her behalf. Therefore, because he is lawfully managing the affairs of Shirley Ramsey, it is appropriate that the disputed mail be delivered to George Ramsey.

This decision deals only with delivery of the mail. It does not attempt to resolve any other disputes that may exist between the parties.

The attached delivery order should be issued.

				Bruce R. Houston
				Chief Administrative Law Judge

TO THE POSTMASTER AT:	HARLEM, GEORGIA 30814-9998

		RE:	Mail Dispute Between

			RANDOLPH TUTT
				and
			GEORGE W. RAMSEY 

			P.S. Docket No. MD 00-234

All mail currently being held, or hereafter received, addressed to:

SHIRLEY RAMSEY
P.O. Box 97
Harlem, GA 30814-0097

shall be delivered as directed by George W. Ramsey.

				Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER