In the Matter of a Mail Dispute Between:

SAM CATALANO
and
MICHAEL DONALD CATALANO

P.S. Docket No. MD-81

Lemert, James E., Administrative Judge

APPEARANCE FOR SAM CATALANO: James J. O'Donnell, Esq.,
Bostwick & Tehin, One Lombard, San Francisco, CA 94111-1186

APPEARANCE FOR MICHAEL DONALD CATALANO: Ruth E. Ratzlaff, Esq.,
925 N Street, Suite 150, P.O. Box 411, Fresno, CA 93708-0411

INITIAL DECISION

This mail dispute has been forwarded to this Office for resolution pursuant to the Domestic Mail Manual § 153.72 and 39 C.F.R. Part 965. The dispute concerns mail addressed to James Catalano, father of disputant Michael Donald Catalano, and uncle of disputant Sam Catalano. Both disputants have filed submittals pursuant to 39 C.F.R. § 965.5, and disputant Michael Donald Catalano has replied by filing comments pursuant to 39 C.F.R. § 965.6. The following findings are based on the documents filed with the submittals and comments of the disputants.

FINDINGS OF FACT

1. James Vincent Catalano's residence, or former residence, was 3444 E. Nees Avenue, Clovis, CA 93612-9147, and it is this address that is involved in the dispute.

2. In a power of attorney executed January 26, 1990, James Vincent Catalano (hereafter James Catalano) appointed his son, disputant Michael Donald Catalano, as his attorney and authorized him to exercise virtually all functions on behalf of James Catalano, including authority "to arrange for the forwarding of my mail to any address of his choice and to sign and file any necessary forms to arrange for change of address or forwarding of mail by the United States Post Office." All previously executed powers of attorney were revoked in the power of attorney executed on January 26, 1990.

3. Previously, on January 5, 1990, James Catalano had executed a power of attorney appointing his nephew, disputant Sam Catalano, as his attorney in fact.

4. On February 12, 1990, disputant Sam Catalano filed in the Superior Court of California, Fresno County, a Petition for Appointment of a Conservator of the estate of James Catalano. From the record evidence that proceeding in the California Court is pending although disputant Michael Donald Catalano's attorney reports that she has received information that the conservatorship petition will be withdrawn.

5. There is no evidence which has been submitted in this matter from which a conclusion could be drawn that James Catalano was not competent to execute the power of attorney on January 26, 1990.

CONCLUSIONS OF LAW

James Catalano's latest-executed power of attorney, which revoked the previous one, appointed disputant Michael Donald Catalano his attorney with full powers and authority to perform a number of functions on his behalf, including the authority to receive and arrange for the forwarding of James Catalano's mail.

The previously-executed power of attorney appointing disputant Sam Catalano has been revoked.

In the absence of a court order directing otherwise, mail addressed to James Catalano at 3444 E. Nees Avenue, Clovis, CA 93612-9147, shall be delivered in accordance with the instructions of disputant Michael Donald Catalano.