October 22, 2003
In the Matter of a Mail Dispute Between
ERNEST A. MURDOCK
and
ANN RUSSELL HALL
P.S. Docket No. MD 03-343
APPEARANCE FOR DISPUTANT ERNEST MURDOCK:
Mark A. Darden, Esq.
Addison-Darden, P.C.
1412 Crain Highway N., Suite 18
Glen Burnie, MD 21061-9306
APPEARANCE FOR DISPUTANT ANN RUSSELL HALL:
Ann Russell Hall
8335 Catherine Avenue
Pasadena, MD 21122-1259
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) 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 Beatrice Hall, 8335 Catherine Avenue, Pasadena, MD 21122-1259. The Pasadena Postmaster is currently holding the mail.
Mr. Murdock filed a sworn statement in accordance with 39 C.F.R. §965.5. Ms. Hall filed a notarized statement, along with supporting documents. The following findings of fact are based on the material submitted by both parties and the material forwarded by the United States Postal Service Law Department, Mid-Atlantic Office.
FINDINGS OF FACT
1. Ernest Murdock is the brother of Beatrice Hall. Ann Russell Hall is Beatrice’s daughter and resides at 8335 Catherine Avenue, Pasadena, Maryland. Beatrice currently resides at Futurecare Nursing Home.
2. On January 21, 1993, Beatrice Hall executed a general power of attorney naming her daughter, Ann Russell Hall, as her attorney-in-fact, “to become effective upon my physical disability or inability to manage my affairs because of my physical or mental infirmities.” The document further stated, “For purposes of determining when I am so disabled, either physically or mentally, my said attorney-in-fact need only to secure an affidavit from two (2) medical doctors, certifying that I am so disabled and unable to manage my own affairs.” (Attachment to Law Department forwarding letter).
3. On June 18, 1999, two medical doctors licensed in Maryland signed identical, prepared forms, stating that Beatrice Hall was competent to appoint a guardian, but that she was not physically or mentally capable of managing her own affairs, due to dementia and being wheel chair bound. These forms were sworn to and notarized. (Attachment to Law Department forwarding letter).
4. On July 30, 2003, Beatrice Hall executed a general power of attorney giving Ernest Murdock full authority to act in her stead, and stating that this power of attorney “supercedes any previously signed power of attorney.” The power of attorney was signed by two witnesses and was notarized. (Attachment to Law Department forwarding letter).
5. On August 1, 2003, Ernest Murdock submitted a PS Form 3575 to the Pasadena Post Office, directing that mail addressed to Beatrice Hall at 8335 Catherine Avenue, Pasadena, MD 21122-1259, be forwarded to his address at 51 Magothy Beach Road, Pasadena, MD 21122. (Attachment to Law Department forwarding letter).
6. On August 21, 2003, Ann Russell Hall wrote to the Pasadena Postmaster, stating that Mr. Murdock’s power of attorney was “fraudulent,” and asking that mail addressed to Beatrice Hall at 8335 Catherine Avenue be delivered as addressed, thereby precipitating this mail dispute. (Attachment to Law Department forwarding letter).
7. On August 29, 2003, two physicians signed printed forms titled, “Physician’s Certificate of Incapacity.” The form signed by Dr. Negi states that Dr. Negi examined Beatrice Hall in July 2003. The form signed by Dr. Riedinger states that she examined Beatrice Hall on August 29, 2003. Each form, with Beatrice Hall’s name inserted as the “patient,” states that the patient is suffering from a mental disability and, in the physician’s opinion, “lacks sufficient mental capacity to consent to the appointment of a guardian or to make or communicate responsible decisions concerning his/her person, including provisions for health care.” (Attachments to Ann Russell Hall’s September 26, 2003 submission).
DECISION
The sole issue to be decided here is whether Mr. Murdock’s power of attorney is valid. If it is, it gives him the right to direct delivery of the disputed mail. If it is not, the mail should be delivered as addressed.
In his sworn affidavit, Mr. Murdock states that he visited his sister in July 2003, and that she stated concern that her daughter, Ann Hall, was not making required payments to Beatrice Hall’s health care providers. The affidavit also states that Beatrice Hall asked Mr. Murdock to take over management of her affairs, including payment of her bills.
On its face, there is nothing about Mr. Murdock’s power of attorney that would demonstrate invalidity. It is signed by Beatrice Hall with a clearly legible signature, and witnessed by two persons before a notary public. The burden of proof is on Ann Hall to demonstrate that Mr. Murdock’s power of attorney should not be accepted.
Ann Hall argues that Mr. Murdock’s power of attorney is invalid because her mother was not competent at the time to execute such a document. In support of this, Ann Hall submitted the certificates signed by Drs. Negi and Riedinger (Finding #7). She also asserted that Ms. Richardson, a staff member at Futurecare, told Mr. Murdock that his power of attorney was “illegal.” In light of the fact that Ms. Richardson was one of the witnesses to the execution of the power of attorney on July 30, 2003, this latter assertion is unreliable hearsay. In the absence of a statement from Ms. Richardson herself, it is given no weight.
The certificates signed by Dr. Negi and Dr. Riedinger, however, are sufficient to carry Ms. Hall’s burden of proof.[1] Mr. Murdock has not challenged their authenticity, and statements by two physicians as quoted in Finding #7, who examined Beatrice Hall near in time to the date she signed the power of attorney are persuasive as to Beatrice’s lack of mental capacity to execute a power of attorney on July 30, 2003.
This decision deals only with delivery of mail. It does not attempt to resolve any other disputes between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order. POM §616.3.
The Judicial Officer should issue an Order to the Pasadena, Maryland Postmaster directing that mail addressed to Beatrice Hall, 8335 Catherine Avenue, Pasadena, MD 21122-1259 be delivered as directed by Ann Russell Hall.
Bruce R. Houston
[1] Maryland law permits the use of such certificates as substantive evidence of a person’s mental capacity. Maryland Rule 10-202(a)(1).