Can Power of Attorney holder sign 271 and 539

**J121** · 01-05-2019, 21:43

Hi all, I have the opportunity to buy a firearm from someone that is ill and currently incapacitated and is unavailable to deal with the paperwork. His wife has power of attorney and is willing to sign the 271 & 539 if this is in fact legal/permissible.

Thanks in advance for your wisdom!

**Ds J** · 02-05-2019, 02:15

Check the FCA, and then go for a chat with your dfo and /or a lawyer.

**SSP** · 02-05-2019, 06:19

If it is a general of attorney then the holder can do anything that the person who gave the power of attorney can do.

Whether the DFO understands this is a different issue.

The FCA is silent on this aspect, as I recall.

**Captain Hook** · 02-05-2019, 07:13

I don't think CFR has ever queried a signature.

**J121** · 02-05-2019, 17:31

Thanks for the feedback guys. I did manage to get hold of a DFO after calling many times. She was really nice to deal with but initially did not know what to say. However she finally said that the person with power of attorney could sign the 271 etc.

**treeman** · 02-05-2019, 17:37

Originally Posted by Captain Hook

I don't think CFR has ever queried a signature.

Not to be too indiscreet, but I will join you on that statement.

**BandK** · 02-05-2019, 18:13

Originally Posted by J121

Thanks for the feedback guys. I did manage to get hold of a DFO after calling many times. She was really nice to deal with but initially did not know what to say. However she finally said that the person with power of attorney could sign the 271 etc.

Do not give too much info as to the state of mind of the person granting power of attorney. Agent can only do what principal is capable of doing.

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**J121** · 02-05-2019, 21:47

Originally Posted by BandK

Do not give too much info as to the state of mind of the person granting power of attorney. Agent can only do what principal is capable of doing.

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Thanks BandK, that is a good point.

**treeman** · 02-05-2019, 22:01

[QUOTE=BandK;1311270]Do not give too much info as to the state of mind of the person granting power of attorney. Agent can only do what principal is capable of doing.
****************
please explain this in man on street terms ?, am I correct in reading agent - being person holding power of attorney, and principle being the person for whom power of attorney is provided for or over or with consent from. Are you saying that the agent can only do what principal is capable of doing himself. I am lost sorry

**BandK** · 03-05-2019, 06:33

[QUOTE=treeman;1311305]

Originally Posted by BandK

****************
please explain this in man on street terms ?, am I correct in reading agent - being person holding power of attorney, and principle being the person for whom power of attorney is provided for or over or with consent from. Are you saying that the agent can only do what principal is capable of doing himself. I am lost sorry

The person holding power of attorney (agent) can only do what the person that gave the power of attorney can do at the time of the action. The agent cannot have more power/ability than his principal, he is an extension of the person that gave him the power of attorney (appointed him as agent)

(I mentioned this because it appears that a general power of attorney is involved in the OP’s instance. A special power of attorney, i.e. one that grants specific power to do a specific thing may be interpreted differently)

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