Done she want you to sell the car? Is she able to sign her name at all ? Best place to get the correct answer is to contact the DMV. each state could be just a little differant.
You might be able to sign titles as well as checks with your name "as POA for . . .(your mother's name." Have the original POA dopcuments available for verification.
You don't need an attorney at all. There's a form you fill out, actually two forms, through the DMV, and you receive the deed to the vehicle. Then you can sell it under your name. The whole process was a cinch, and the deed arrived in my name within a couple of weeks.
Our family always signs our titles immediately, keep them in a safe. Then when time to sell it’s done. Scretchy, maybe but no one asks for id at the BMV here. Only the buyer takes the title to transfer.
Yes if your poa you can sell it. I live in Ohio and I sold my moms car. You just need your original poa papers not a copy. Also if she is on Medicade you have to sell it for the appraisal price.
If it were me I would go to the dmv with the poa and transfer title to your name then sell the car. Probably will be fewer problems. The alternative is to try to get her signature on the title first before you sell.
My husband is in a Memory care facility and I recently traded in his car. The POA must include that you have financial powers as well as making health decisions. The law is very specific so asking a lawyer may be your best option to begin.
Yes. You can sell the car if your POA is active and you have the title to it. You take your POA documents and the title to the state motor vehicle and transfer it into your name. Then you sell it to the buyer. You will have to make a bill of sales and everything. It will be fine. This is the easiest way. If you get into doing through her estate and all that red tape you'll get nowhere. Transfer the title to yourself then sell it.
Does your PoA document specify that you have the authority to perform those types of actioins? Read the document.
Whenever you transfer a title there can be a tax due. If the value of the car sale is $0, this may be seen as gifting, so make sure you know what you're doing before you make the transfer.
The title transfer instructions are on the back of the title. Definitely get a Bill of Sale (one for you, one for the buyer). Take a picture of their driver's license. Transfer the title with the buyer present at the Govt office or DMV to make sure it gets submitted because it will be headache if they don't meaning if they get tickets or impounded, the car is still in your Mom's name (been there, done that). You may want to receive the payment at their bank, depending on how they are paying you.
I would check with the DMV in your state as to the correct way to transfer title on the car.
As POA you can do anything that your POA SAYS you can do. This is why I personally had the one my brother did giving me POA WITH my brother at his attorney office. Each item I could do was numbered. And in all instances the attorney told me how it was to be done.
Of course as to selling anything for your Mom now, you sign with your mother's name followed by your name and the addition of "as POA in fact". This means you were acting as your mother's Power of Attorney in FACT. This means that any check made out to your mother for the sale of her car goes into HER assets.
As with all else you are doing under POA for your mother, this is entered under your meticulous record keeping in diary form and by spread sheet on that month's assets IN and assets OUT of your mother's financial accounts.
Do call or ask at your DMV to see anything else that you might need to know. Often Triple A is wonderful with offices if mom was/is a member, and with making things regarding car titles easy. DMV in MY city is impossibly crowded and backlogged.
You need to have the proper documentation to do this. The most important one is that you have the 'power' to sell it for mom. If mom is remotely OK with signing, it would be easier, but that's your call as to whether she is competent enough to understand what's happening. If not, you will have to step in for her--obviously, you know this.
You probably can download a bill of sale online (I have sold MANY cars for myself and my kids). As long as they have signed the BOS, I had zero problems. You will probably need to find a document that can simply state you are POA, acting on behalf of so-and-so, as their PoA. IF there doesn't exist such a document online that you can use, call the DMV and ask them. The rules may vary from state to state.
In my state, I'd have the BOS signed by the owner. Only once did I need to prove that I was acting on their behalf--I cannot remember what I had to show the buyer, but it wasn't hard.
You sign the OLD title to the new owner. Then the buyer has to go register the car and pay the taxes. Then they'll get a new title and plates.
Be SURE you remove the old license plates!!!!!!!!!!!! I learned this the hard way, I forgot to pull the plates from my old van, and the new owners just drove the car for over a year on those. When they 'expired', I was the one who got cited.
The license plate thing depends on the state. In California, the plates go with the car.
The seller always needs to notify the DMV that a vehicle has been sold. That way, any tickets, fines, etc. will no longer be the seller's liability. Most people don't realize they're supposed to do that, but many buyers simply never register the car, and all that stuff comes back on the person who sold it.
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Gena / Touch Matters
You take your POA documents and the title to the state motor vehicle and transfer it into your name. Then you sell it to the buyer. You will have to make a bill of sales and everything. It will be fine.
This is the easiest way. If you get into doing through her estate and all that red tape you'll get nowhere.
Transfer the title to yourself then sell it.
Whenever you transfer a title there can be a tax due. If the value of the car sale is $0, this may be seen as gifting, so make sure you know what you're doing before you make the transfer.
The title transfer instructions are on the back of the title. Definitely get a Bill of Sale (one for you, one for the buyer). Take a picture of their driver's license. Transfer the title with the buyer present at the Govt office or DMV to make sure it gets submitted because it will be headache if they don't meaning if they get tickets or impounded, the car is still in your Mom's name (been there, done that). You may want to receive the payment at their bank, depending on how they are paying you.
As POA you can do anything that your POA SAYS you can do. This is why I personally had the one my brother did giving me POA WITH my brother at his attorney office.
Each item I could do was numbered. And in all instances the attorney told me how it was to be done.
Of course as to selling anything for your Mom now, you sign with your mother's name followed by your name and the addition of "as POA in fact". This means you were acting as your mother's Power of Attorney in FACT. This means that any check made out to your mother for the sale of her car goes into HER assets.
As with all else you are doing under POA for your mother, this is entered under your meticulous record keeping in diary form and by spread sheet on that month's assets IN and assets OUT of your mother's financial accounts.
Do call or ask at your DMV to see anything else that you might need to know. Often Triple A is wonderful with offices if mom was/is a member, and with making things regarding car titles easy. DMV in MY city is impossibly crowded and backlogged.
You probably can download a bill of sale online (I have sold MANY cars for myself and my kids). As long as they have signed the BOS, I had zero problems. You will probably need to find a document that can simply state you are POA, acting on behalf of so-and-so, as their PoA. IF there doesn't exist such a document online that you can use, call the DMV and ask them. The rules may vary from state to state.
In my state, I'd have the BOS signed by the owner. Only once did I need to prove that I was acting on their behalf--I cannot remember what I had to show the buyer, but it wasn't hard.
You sign the OLD title to the new owner. Then the buyer has to go register the car and pay the taxes. Then they'll get a new title and plates.
Be SURE you remove the old license plates!!!!!!!!!!!! I learned this the hard way, I forgot to pull the plates from my old van, and the new owners just drove the car for over a year on those. When they 'expired', I was the one who got cited.
The seller always needs to notify the DMV that a vehicle has been sold. That way, any tickets, fines, etc. will no longer be the seller's liability. Most people don't realize they're supposed to do that, but many buyers simply never register the car, and all that stuff comes back on the person who sold it.