Vehicle Licensing Guide

Assignment of a Power of Attorney
VLIC-228

PURPOSE:

To provide information and instructions on the assignment of a power of attorney.

BACKGROUND:

A power of attorney is an instrument in writing by which one person appoints another as his agent and confers upon him the authority to perform certain specific acts or kinds of acts on his behalf. The primary purpose of a power of attorney is to evidence the authority of the agent to third parties with whom the agent deals. In other words, DMV needs to witness the granted authority (power of attorney) given a person when the person, acting for another, does business with DMV.

DMV created an exception to its policy of requiring a power of attorney from agents in November 1995, by allowing a lessee of a vehicle whose name is listed in the leased vehicle registration as "in care of," (c/o) to sign on behalf of the lessor/owner on registration transactions for that particular vehicle. The exception covers transactions such as license plate renewals, transfers, exchanges, reissues, and requests for special/personalized plates. The exception does not cover transactions involving titling or the transfer of ownership of the vehicle. Further, the lessors retain the option of having all registration documents forwarded directly to them for proper signatures and processing.

This procedure reference two types of powers of attorney. A "SECURE" power of attorney is a form that deters and detects counterfeiting and/or unauthorized reproduction and allows alterations to be visible to the naked eye. A "NON-SECURE" power of attorney does not have these features.

CUSTOMER REQUIREMENTS:

1. Submit a completed "NON-SECURE" power of attorney, providing authority to sign DMV forms for the vehicle owner.
   • "Power Of Attorney To Sign For Owner When Registering and/or Transferring Ownership Of A Motor Vehicle" (VSA-70) OR
   • The equivalent of a VSA-70 such as a document drawn up by an attorney that allows an authorized person to sign on behalf of the owner within certain limits.

   NOTE 1: Photocopies ARE acceptable.

   NOTE 2: A power of attorney is inactive if the individual granting it is deceased.

2. Submit a SECURE power of attorney (VAD70A)

   NOTE 1: Photocopies ARE NOT acceptable.

   NOTE 2: Any previous reassignment on the title that was executed under a power of attorney must have that specific power of attorney attached.

   NOTE 3: The VAD70A is a dealer application for power of attorney and is used for transferring vehicle ownership when the party given power of attorney is acting as both the buyer and the seller. The VAD70A may be used only if the title is unavailable because it:

   • is physically being held by a lienholder OR
   • has been lost

   NOTE 4: The VAD70A may not be used in any other circumstances. It can ONLY be used when the vehicle is sold at retail and may be used for in-state or out-of-state customers. The owner that is giving the power of attorney (in Part A of the VAD70A) and the purchaser (in Part B of the VAD70A) shall record the reading of the odometer or similar device at the time of assignment.

   NOTE 5: The VAD70A is the ONLY power of attorney that can be used to disclose odometer readings. The VSA-70 or its equivalent may NOT be used for odometer disclosures.

DMV SERVICE PROVIDER'S PROCESS:

1. Verify that all documentation is complete.
2. Verify that any person's signature on behalf of another is supported by a written power of attorney which references the vehicle or covers the type of transaction being conducted with DMV. For leased vehicles, an in care of address of the person who signs the application must already be on the DMV vehicle record.
3. Process the type of transaction requested by the customer. (Refer to CSCNet)
4. Prepare and forward paperwork, including copy of power of attorney, to the Quality Control Review Work Center.

REFERENCE:

• Code of Virginia: §§ 46.2-600, 46.2-621 an d 46.2-629
• CSC Data Entry: CSCNet

CONTACT:

For additional information contact:

• Your CSC Manager/Assistant Manager; OR
• DMV DIRECT Help Desk at (804) 367-6646

PROCEDURE PROPONENT:

VSA/Title and Registration Services