April 6, 2004
In the Matter of a Mail Dispute Between
SANDRA WRIGHT
and
VIRGIE FINCH
P.S. Docket No. MD 04-24
APPEARANCE FOR DISPUTANT SANDRA WRIGHT:
Bill Porter, Esq.
2000 South Batavia Avenue, Second Floor
Geneva, IL 60134-3303
APPEARANCE FOR DISPUTANT VIRGIE FINCH:
Virgie Finch
5345 North 46th Street
Milwaukee, WI 53218-3424
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 Charles J. Wright, at 3207 Maple Lane, Hazel Crest, IL 60429-1565. The Hazel Crest Postmaster is currently holding the mail.
Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5. Ms. Wright’s attorney, Mr. Porter, filed a written argument on her behalf. Ms. Finch filed nothing beyond what had been submitted previously to the postmaster. The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the United States Postal Service Law Department, Chicago Office.
FINDINGS OF FACT
1. Charles J. Wright died on December 30, 2003. Sandra Wright is his surviving spouse, and resides at 3207 Maple Lane. Virgie Finch is his sister. (Law Department forwarding letter).
2. On October 8, 2003, Charles Wright executed a power of attorney, giving Sandra Wright authority to act for him in matters of property. On December 4, 2003, Charles Wright executed a power of attorney, giving Virgie Finch authority to act for him in matters of health care. On December 24, 2003, he executed a general power of attorney, naming Virgie Finch his Attorney-in-Fact. (Documents attached to Law Department forwarding letter).
3. On December 5, 2003, Charles Wright completed a PS Form 3575, Mail Forwarding Change of Address Order, directing that mail addressed to him at 3207 Maple Lane be forwarded to 5345 N. 46th St., Milwaukee, WI 53218-3424. This is
Ms. Finch’s residence. He checked the box on the Form 3575 indicating that this was not a temporary change. (Form attached to Law Department forwarding letter).
4. Charles Wright left no will, and no person has been appointed executor or administrator of his estate. (Porter submission).
5. Section 612.41 of the POM states that, “[M]ail addressed to a deceased person should be delivered as addressed. The mail may be received at the address of the deceased by any person who would normally receive the addressee’s mail at that address.”
DECISION
Sandra Wright argues, correctly, that any power of attorney executed by Charles Wright was automatically revoked upon his death. Therefore, she contends, any authority that Virgie Finch had to direct delivery of mail was also revoked, and as the sole beneficiary of her husband’s estate, she, Sandra Wright, has a right to receive his mail.
The flaw in this argument is that it was not Virgie Finch, acting under a power of attorney, who directed delivery of mail to 5345 N. 46th St., in Milwaukee. It was Charles Wright himself (Finding #3). As of December 5, 2003, 5345 N. 46th St. became Charles Wright’s address, and there is no reason under Postal Service rules that mail addressed to Charles Wright should not continue to be forwarded to that address (Finding #5).
This decision deals only with delivery of mail. It does not determine who should control, or is entitled to, Charles Wright’s estate.
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 Hazel Crest Postmaster that mail addressed to Charles Wright at 3207 Maple Lane, Hazel Crest, IL 60429-1565, should be forwarded to 5345 N. 46th St., Milwaukee, WI 53218-3424.
Bruce R. Houston
Chief Administrative Law Judge