Power Of Attorney For Vehicle Transactions Form: Fill & Download for Free

There is no cooling off period for vehicle purchases in the state of California. The sales transaction can only be unwound (rolled back) if there is any misrepresentation on the part of the seller or the buyer. Examples of seller misrepresentation would be an incorrect or fraudulent odometer reading, not having legal possession of the vehicle or power of attorney to sell it, or failing to disclose salvage title status. Examples of seller misrepresentation would be entering incorrect or false information on a car credit application or failing to provide adequate proof of income.

You have two choices:Technically illegal (but done everyday) forge sellers portionLegal (obtain power of attorney) and now you can legally act for the deceased on this transaction

The person legally appointed Power of Attorney is responsible, just as I had to conduct the rest of my mother’s financial affairs. The doctor wrote a statement of incompetency, and the POA was written with a legal directive in mom’s will. Mom was “aware” enough to sign off on the legal arrangement, and my brother and his wife witnessed it. Legally, she was incompetent, so she may not have understood, but she went along with it. Including others made it look less like some slight-of-hand by the POA. (Regardless of the integrity of the individual holding that POA, they will be the ones accused of every form of malfeasance imaginable by those busybodies who are watching from the sidelines yet never lift a finger to help. Be aware of that before agreeing to becoming someone’s power of attorney.)Luckily, my mother’s car was paid off and she had possession of the title. I signed the title over to a buyer I wrote my name and “POA for the estate of my )mom’s name)” and put the proceeds in a co-signed account intended for mom’s considerable medical expenses.Remember to file the receipt for the car. Since I sold it to a friend, we wrote out a receipt in longhand and both signed it. Granted, the transaction was for $500; if it were higher, it should be notarized.If the car is still being paid to a creditor, the POA has to see that the payments are being made. You can sell the car for the money or use the estate funds to pay it off. Ask the estate lawyer for the best solution. A lot has to do with the amount of money available and the value of the car.I often wonder if relatives (particularly the POA) who have access to the dementia sufferer’s financial information take out loans in their name. Since the victim is unaware and eventually dies, it would seem that would be tempting and easy. I say this because I regularly received offers of credit in my mother’s name (a few after she died). I also paid off the balance for all of her credit cards and put them through a shredder. If a forensic accountant investigated (for a Medicare/Medicaid application) who is to say it wasn’t me who racked up all of mom’s credit card debt? It is all complicated and everyone need some sort of legal advice.