Yes, a person with a valid Power of Attorney (POA) can sell a car in Ohio, but only if the POA document is specifically drafted to grant that authority and meets strict state requirements. The key is that the POA must explicitly authorize the "attorney-in-fact" (the person acting on behalf of the owner) to handle the sale or transfer of motor vehicles. A general POA may not be sufficient. The process involves correctly signing the vehicle’s certificate of title and presenting the original, notarized POA to the Bureau of Motor Vehicles (BMV) along with other standard documents.
The most critical step is ensuring the POA is compliant. Ohio law requires the POA to be signed by the vehicle owner in the presence of a notary public. When signing the title, the attorney-in-fact would sign their own name, followed by the phrase "as Attorney-in-Fact for [Owner's Full Name]." The BMV will keep the original POA document for its records. It's also essential to complete the odometer disclosure and ensure all title transfer sections are filled out correctly to avoid rejection. If the owner is deceased, a POA is no longer valid, and the executor of the estate must handle the sale.
| Ohio BMV Requirement for POA Vehicle Sale | Details |
|---|
| POA Type | Must be durable and specifically grant authority for motor vehicle transactions. |
| Notarization | The POA document must be notarized. |
| Title Signing | Attorney-in-fact signs as: "[Their Name], as Attorney-in-Fact for [Owner's Name]". |
| Document Submission | The original POA must be surrendered to the Ohio BMV. |
| Supporting Documents | Completed title, odometer statement, and applicable taxes and fees. |
| Governing Law | Ohio Revised Code, Chapter 1337 (Durable Power of Attorney Act). |
Attempting to use an invalid or improperly executed POA will result in the BMV rejecting the title transfer. For complex situations, consulting with an attorney who specializes in Ohio probate or vehicle law is a prudent step to ensure a smooth and legal transaction.
