April 24, 2001
In the Matter of a Mail Dispute Between
FLO-JEAN SLABY
and
CHARLES L. DRAPER
P.S. Docket No. MD 01-79
APPEARANCE FOR DISPUTANT
FLO-JEAN SLABY:
Flo-Jean Slaby
P.O. Box 145
Oakboro, NC 28129-0145
APPEARANCE FOR DISPUTANT
CHARLES L. DRAPER:
Charles L. Draper
2098 Seminole Blvd., #57
Largo, FL 33778-1713
and at
12948 St. Martin Road
Oakboro, NC 28129-8715
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through November 30, 2000) ("POM")) Section 616.21, which requires the chief field counsel to forward certain mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Charles L. Draper or Charles Lee Draper or Charles Leigh Draper at 12948 St. Martin Road, Oakboro, NC 28129-8715. The Oakboro Postmaster is holding the mail. Ms. Flo-Jean Slaby filed an unsworn statement in support of her claim to the mail. Mr. Charles L. Draper did not file a statement. The following findings of fact are based on Ms. Slaby’s submission, as well as the documents that had been previously submitted to the Postal Service and forwarded by Postal Service counsel to this office.
FINDINGS OF FACT
1. Pursuant to letters of appointment issued by the Stanly County (North Carolina) Superior Court on May 3, 2000, Ms. Slaby is the Guardian of the Person of Charles Lee Draper, so designated after the Court determined Mr. Draper to be incompetent (Letters of Appointment, Guardian of the Person, File No. 00-E-180, May 3, 2000; Notice of Hearing on Incompetence and Order Appointing Guardian Ad Litem, April 6, 2000).
2. Under the appointment, Ms. Slaby, who is Mr. Draper’s sister, is authorized to perform duties relating to Mr. Draper’s care, custody, and maintenance, including to arrange for his rehabilitation, to determine where he lives and to authorize medical, legal or psychological care for Mr. Draper (Id.; N.C. Gen. Stat. §§35A-1202 (10), 35A-1241; Ms. Slaby’s Letter docketed March 22, 2001).
3. Mr. Draper has been confined to the Salisbury Veterans Hospital, Salisbury, North Carolina (which appears to be about 40 miles from Ms. Slaby’s home), since January 5, 2001, due to his mental incapacity (Ms. Slaby’s Letter docketed March 22, 2001; Report of Dr. Archer, Behavioral Health Center, CMC-Randolph, March 28, 2000).
4. The Department of Veterans Affairs recognizes Ms. Slaby as the payee (fiduciary) for VA benefits to which Mr. Draper is entitled and corresponds with Ms. Slaby at the 12948 St. Martin Road address (Letter from Veterans Service Center Manager, October 1, 1999).
5. On January 19, 2001, Mr. Draper submitted a change of address order asking that his mail addressed to 12948 St. Martin Road in Oakboro, North Carolina, which is Ms. Slaby’s home, be forwarded to an address in Largo, Florida (Official Mail Forwarding Change of Address Form dated January 19, 2001).
6. Postal Service regulations provide that the mail of a person who has been legally declared incompetent may be delivered as directed by his appointed guardian (POM, Section 612.3).
DECISION
Ms. Slaby has been appointed the guardian of Mr. Draper’s person due to his mental incapacity (Findings 1-4). As Mr. Draper’s guardian, she is authorized to receive mail addressed to him (Finding 6). Accordingly, the mail in dispute should be delivered as she directs.
The Judicial Officer should issue an Order to the Oakboro Postmaster directing that the disputed mail be delivered as addressed or as directed by Ms. Slaby.
Norman D. Menegat Administrative Judge