Hey guys and gals,

not sure if this had been covered yet but i couldnt find anything.

I have a married friend who would like to use her power of attorney to transfer her husbands pistol into her name so she can sell it for him while he is oversees... so the story goes.

can she just take the POA down to HPD and transfer it, wait the two week and thats that?

IANAL, but I know HPD would throw a HUGE fit.

You wha?  lol

With the POA why would she even have to transfer it.  That document (if proper) gives her authority in his name already.

She shouldn't have to register the firearm in her name.  She should be able to legally sell the gun on his behalf.  Once sold, she ought to submit the notification form to the police station that the gun was transferred.

She can't legally borrow a pistol (if that's what this is).  In that case, I'd be cautious about taking it anywhere besides the police station or an FFL.  Getting caught with it going to meet a buyer at the range, for example, could be an issue.

If it's a long gun, then the owner can "loan" it to her, which allows her to be in possession of it wherever it's legal to transport or store a gun.

I'm not a lawyer, but this is how I understand the situation ...

GL   

See, this is how domestic violence starts.

"YOU SOLD MY WHAT!!!"

i called the police station and was told that the POA has to specifically say what pistol can be sold even though on it it gives my friends permission to sell and act as her husband.
 
I know this answer is coming from HPD itself but it doesnt sound like the only answer.  Has anyone had any actually gone through his process.

.

If its POA over all his affairs and property, then she is allowed to (and he is a dumb ass).

If its a POA over only certain items or finances, then no.

A general POA does provide overall legal powers to represent the grantor, BUT most states exempt certain types of transactions including real estate transactions.  Even if you have a general POA, if Hawaii excludes firearm sales, then that's that.

A specific POA grants the ability to execute a specified transaction, such as buying or selling a car.  Since HPD said they need a specific POA, I'd have the owner create one and send it to her.  Even in deployed regions, members should have access to legal services including notary.

.

I've seen wives do scandalous crap with POA's while their husbands are off preserving freedom.

The saddest thing is that you're required to give them a POA before you leave.

.

If i've learned anything about the police, is they are not lawyers.   

That's not true.

Only idiots give their wives POA before they leave, and its completely voluntary.

POA to your wife during deployment = voluntary ass hat-ness

You sure?

I thought you were required to give your spouse POA when you got deployed.

You sure?

I thought you were required to give your spouse POA when you got deployed.

When I deployed, we had the JAG on our out-processing checklist.  We were offered the chance to execute a will, a POA,, and update our survivor benefit recipients.

None of the legal service was mandatory, unlike immunizations, dog tags, and gas mask inserts.  One of those mandatory check boxes that documents you were given the opportunity to take care of your affairs.  Covers the commanders' collective butt.

When I deployed, we had the JAG on our out-processing checklist.  We were offered the chance to execute a will, a POA,, and update our survivor benefit recipients.

None of the legal service was mandatory, unlike immunizations, dog tags, and gas mask inserts.  One of those mandatory check boxes that documents you were given the opportunity to take care of your affairs.  Covers the commanders' collective butt.

I know how it used to be but I heard things have changed

.

Last I heard/read, unless there is a statutory requirement, third parties aren't obligated to honor POA's.  HPD can reject your POA because you don't have a Calvin N Hobbes sticker next to the signature line and you won't be able to do diddly squat.

Last I heard/read, unless there is a statutory requirement, third parties aren't obligated to honor POA's.  HPD can reject your POA because you don't have a Calvin N Hobbes sticker next to the signature line and you won't be able to do diddly squat.

I'm not a lawyer, but my understanding is, if an original, properly executed power of attorney is presented by the person granted its powers, and a third party refuses to honor it, that party may be forced to accept it by a court.  Likewise, if refusal to honor it causes damages, those damages MAY BE recoverable in civil court.  Even a longer-than-reasonable delay that causes damages may be actionable.

The third party might find something else he deems unsatisfactory about the transaction and refuse to go forward.  That's a different matter if it's unrelated to the POA.

In Hawaii, there is no statutory requirement that anyone or any institution accept a power of attorney.
 For example, banks in Hawaii sometimes prefer that their forms be used if the power of attorney presented
does not have language that they are comfortable with.

Basically, if the POA is refused by the third party, time to call your attorney.   

I'm not a lawyer, but my understanding is, if an original, properly executed power of attorney is presented by the person granted its powers, and a third party refuses to honor it, that party may be forced to accept it by a court.  Likewise, if refusal to honor it causes damages, those damages MAY BE recoverable in civil court.  Even a longer-than-reasonable delay that causes damages may be actionable.

The third party might find something else he deems unsatisfactory about the transaction and refuse to go forward.  That's a different matter if it's unrelated to the POA.

The remedy you stated is set forth in the Uniform Power of Attorney Act (UPAA) which has been adopted by a number of States. Hawaii has adopted the Uniform Durable Powers of Attorney Act which deals with disability and POAs but has  not adopted the UPAA. See, Chapter 551D, Hawaii Revised Statutes. Thus the remedy which you speak of is not grounded in any of Hawaii's laws. I don't purport to know why Hawaii hasn't adopted the UPAA but a couple of reasons do come to mind.  For example, the third party has no convenient way of knowing whether the POA has been properly executed. The presentation of a POA would require the 3rd party to seek legal counsel (at the 3rd party's cost) to ascertain the validity of a POA. Secondly, there is no practical way to determine whether a POA has been revoked. Even if the POA is valid on its face, there is no way to determine that. Third, POAs come in different form, shapes and sizes. A springing power of attorney, for example,  "springs" to life upon the occurrence of an event but the 3rd party has no convenient or practical way of determining whether the event has occurred. I'm not saying that ignoring a POA is justified for these reasons; only that the issue of whether a 3rd party should be compelled or held liable for ignoring a properly executed POA is more complex than it appears and that Hawaii's legislature in its great wisdom (ok, stop laughing)  has refused to touch it for that reason.

Furthermore, I am unaware of any Hawaii court cases in which the court adopted the remedies set forth in UPAA (including the granting of injunctive or declaratory relief and/or damages). Notwithstanding the absence of any statute or case law, it wouldn't surprise me if a Hawaii Court looks to those jurisdiction which have adopted the UPAA  for guidance in its future decisions and perhaps, grant the same relief which provided in the UPAA which you accurately mentioned.