In the Matter of a Mail Dispute Between

JAMES D. FARMER, SR.
and
SYLVIA GLOER
P.S. Docket No.  MD 04-184

APPEARANCE FOR DISPUTANT JAMES D. FARMER, SR.:
James D. Farmer, Sr.
362 James Farmer Drive
Lafayette, GA  30728-3904

APPEARANCE FOR DISPUTANT SYLVIA GLOER:
Sylvia Gloer
P.O. Box 491
Lafayette, GA  30728-0491

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 Leona Farmer, or Leona P. Farmer, at P.O. Box 491, Lafayette, GA 30728-0491.  The Lafayette 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, but both filed written statements and other documents. Mr. Farmer also filed a reply to Ms. Gloer’s statement.  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, Tampa, Florida Office.

FINDINGS OF FACT

            1.  The two disputants are the son and daughter of Leona P. Farmer, age 91, who now resides at Shepherd Hills Rest Home in Lafayette, Georgia.  (Farmer statements; Gloer statement).

            2.  Mrs. Farmer was moved to the nursing home by James Farmer and his two brothers a few months ago because they believed she could no longer care for herself.  Their sister, Ms. Gloer, opposed this move.  (Farmer statements).

            3.  Before she moved to the nursing home, Leona Farmer lived at 1381 South Highway 27, Lafayette, Georgia, but for approximately her last three years there she received mail at P.O. Box 491.  This is the post office box of Ms. Gloer’s husband.  Ms. Gloer and her husband have also lived at 1381 South Highway 27 for approximately four years.  (Farmer statements).

            4.  On April 28, 2000, Leona Farmer executed a general power-of-attorney, naming Sylvia Gloer her attorney in fact.  On May 21, 2002, Ms. Gloer signed a Department of Veterans Affairs Form 21-4703, agreeing to act as “Fiduciary” for her mother in the use of funds paid to Leona Farmer as a beneficiary, apparently as the surviving spouse of a veteran, Thomas Farmer.  (Documents attached to Gloer statement).

            5.  On November 18, 2004, in conjunction with her move to the nursing home, Leona Farmer executed a general power-of-attorney, naming James D. Farmer, Sr. her attorney in fact.  The power-of-attorney was signed before a notary and witnessed by two other persons.  (Document attached to Farmer statement).

            6.  This mail dispute was triggered by an undated note from Mr. Farmer to the Lafayette Postmaster, asking that mail for Leona Farmer at P.O. Box 491 be forwarded ℅ James D. Farmer, Sr., at 362 James Farmer Drive, Lafayette, GA.  (Note attached to Law Department forwarding letter).

DECISION

            Ms. Gloer’s claim to the disputed mail is that she had been caring for her mother for the five years preceding the move to the nursing home, and that she is still her mother’s “fiduciary” for handling Veteran’s Administration funds.  She does not rely on the April 2000 power-of-attorney.

            Mr. Farmer’s claim is based on the November 2004 power-of-attorney.  He also disputes Ms. Gloer’s claim that she has been the sole caregiver, stating that he and his brothers also have participated significantly.

            There is nothing in the record to suggest that the November 18, 2004 power-of-attorney is not valid.  That document, therefore, gives James Farmer authority to direct delivery of the disputed mail.  The Judicial Officer should issue an order to the Lafayette, Georgia Postmaster that the disputed mail be delivered as directed by James D. Farmer, Sr.

                                                                                    Bruce R. Houston
                                                                                    Chief Administrative Law Judge