In the Matter of a Mail Dispute Between:

BARBARA HOLLINGER-GARWOOD
and
KISSHA BALLARD
P.S. Docket No. MD 04-150

APPEARANCE FOR DISPUTANT BARBARA HOLLINGER-GARWOOD:
Barbara Hollinger-Garwood
811 W. Colyer Street
Orlando, FL 32805-2609

APPEARANCE FOR DISPUTANT KISSHA BALLARD:
Kissha Ballard
2035 Ladue Court
Orlando, FL 32811-4908

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 Malinda Ballard at 811 W. Colyer Street, Orlando, FL 32805-2609. The Orlando Postmaster is currently holding the mail.

            Ms. Barbara Hollinger-Garwood filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, and one attached document. Ms. Kissha Ballard filed an unsworn statement and several attached documents. 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, Memphis Office.

FINDINGS OF FACT

            1. The two disputants are cousins and are the granddaughters of Malinda Ballard. Malinda Ballard is in ill health and resides in a nursing home. Previously she lived at 811 W. Colyer Street, Orlando, Florida. Barbara Hollinger-Garwood also lives at 811 W. Colyer Street. (Garwood statement; Ballard statement).

            2. On August 22, 2004, Malinda Ballard executed a Durable Power of Attorney for Finance, naming Kissha Ballard her attorney-in-fact (“Agent”), and Malinda's son Larry Ballard, Sr. as the successor Agent.[1] Larry Ballard actually signed the document for Malinda Ballard, although it appears that someone made a “mark” on the signature line. The document was notarized but does not include any witness names or signatures. (POA attached to Law Department forwarding letter).

            3. On September 13, 2004, Malinda Ballard executed a General Power of Attorney (with Durable Provision), naming Barbara Hollinger-Garwood her attorney-in-fact (“Agent”). Larry Ballard, Sr. was again named as the successor Agent. The document bears Malinda Ballard’s notarized signature but does not include any witness names or signatures. (POA attached to Law Department forwarding letter).

            4. On October 1, 2004, Malinda Ballard executed another General Power of Attorney (with Durable Provision), naming Barbara Hollinger-Garwood her attorney-in-fact (“Agent”), and stating that any power-of-attorney issued to Kissha Ballard was revoked. The document bears Malinda Ballard’s notarized signature and includes two witness signatures. (POA attached to Law Department forwarding letter).

            5. At some time, Kissha Ballard submitted a change of address order for Malinda Ballard’s mail. (Garwood statement; Ballard statement).

            6. Florida law provides that a Durable Power of Attorney “must be executed with the same formalities required for the conveyance of real property by Florida law, . . ..” Fla. Stat., Title 40, §709.08. Conveyance of real property under Florida law requires two witnesses to the execution of any documents. Fla. Stat., Title 40, §689.01.

DECISION

            Each disputant claims to be the person who is attending to the affairs of Malinda Ballard and who is providing essential care to Malinda. Each also accuses the other of acting for personal benefit rather than in the best interest of Malinda. It is not possible for us, nor is it our role, to resolve such disputes.

            The only documents in this case file that are helpful in determining how the disputed mail should be delivered are the powers-of-attorney. Because the October 1, 2004 power-of-attorney is the most recent, and because it is the only one that appears to have been executed in accordance with Florida law, we give it the greatest weight. Therefore, Barbara Hollinger-Garwood is entitled to direct the delivery of the mail.

            This decision deals only with delivery of the mail. It does not attempt to decide any other dispute 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 Orlando postmaster that the disputed mail shall be delivered as directed by Barbara Hollinger-Garwood.

                                                                                       Bruce R. Houston
                                                                                       Chief Administrative Law Judge

[1] Larry Ballard, Sr. died on December 6, 2004. (Kissha Ballard letter, December 13, 2004).