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Types of Powers of Attorney
When They Can and Cannot Be Used
General and "Limited" Powers of Attorney
A general or limited power of
attorney can be used by a person, the grantor, to authorize another
person, attorney-in-fact, to complete, sign and/or pick-up motor
vehicle titles and/or tag documents on the grantor's behalf.
A general
power of attorney usually does not reflect a vehicle's
description since the appointed party is usually given the authority
to complete any acts the grantor would have completed if he or
she
were present. A general power of attorney is often
used by military personnel (who are being stationed outside the
U.S. on official military duty) to authorize their spouse to complete
any acts they, the grantor, would have completed if they were present.
A completed and signed limited
power of attorney (form T-8) appoints some one to act on behalf
of another person (the grantor) in regards to motor vehicle transactions
for one specific vehicle and a complete description
of the vehicle is required on this form (Year model, make of vehicle
and the vehicle's identification number).
The limited
power of attorney (form T-8)cannot
be used by the owner(s) to appoint the purchaser(s)/transferee(s)
of their vehicle as their attorney-in-fact when the vehicle requires
an odometer declaration on a secure document. This limited
power of attorney form can be used when the vehicle
is exempt from the odometer declaration requirements
or when some one other than the purchaser/transferee
is being appointed as the seller(s)/transferor(s) attorney-in-fact.
Important: The appointed person should have a personal
knowledge of the vehicle's odometer reading and whether or not
the vehicle's odometer reflects the total actual miles the vehicle
has
traveled to be able to make an odometer declaration on the seller(s)'
behalf.
Click here to view a list of vehicles that are
exempt from the odometer disclosure requirements.
Important: An appointed attorney-in-fact will
be required to show their valid Georgia driver's
license or state-issued identification card when processing motor
vehicle transactions for the grantor in-person
at the state or county tax commissioners' offices. Their name on
the power of attorney must match their name on
their valid driver's license or state-issued identification card.
Secure Powers of Attorney (Form T-8S)
A T-8S secure power of attorney form can only
be used when the title is not available at the
time of sale because it is either lost or being
held by the owner(s)' lien or security interest holder. Secure
powers
of attorney forms (T-8S) are printed with language and security
features required to comply with the Federal Truth in Mileage Act.
These features should help deter illegal reproduction and make
alterations
visible to the naked eye. These powers of attorney forms (T-8S)
provide spaces for the owner(s) to make an odometer declaration
on a secure document and to authorize
the purchaser/transferee to act on the owner(s)' behalf to:
- Apply for a replacement title, when the title is lost or stolen;
and/or,
- To complete the title assignment transferring the information
from the secure power of attorney exactly as shown
to the title when it becomes available. Once the authorized person
has transferred the information from the secure power of attorney
to the title, he or she must complete the certification section
(Part C) of the secure power of attorney certifying that he or
she has transferred the information exactly as
shown. The secure power of attorney must accompany the retail
customer's application for a title.
Important: If the owner's title is temporarily
unavailable at the time of sale or ownership transfer (i.e. At
home
in the owner's safe), a T-8S secure power of attorney cannot
be used. In this case, the owner should retrieve the title from
their safe for transferring ownership to the purchaser(s)/transferee(s).
Secure powers of attorney (T-8S) forms are not needed when
the vehicle is exempt from the odometer declaration requirements.
Click
here for a list of exempt vehicles.
A secure power of attorney form (T-8S) provides
spaces for the entry of:
- The date of sale or transfer;
- The odometer reading at the time of sale;
- Boxes for the seller(s)/transferor(s) to check when
the vehicle's odometer does not reflect the total actual miles
the vehicle has traveled;
- The seller(s)'/transferor(s)' printed name(s) (full
legal name) and signature(s) certifying the entered information,
including
the odometer declaration, is complete and correct; and,
- The purchaser(s')/transferee(s)' printed name(s) (full
legal name) and signature(s) acknowledging the information entered
by the seller(s) /transferor(s) including the vehicle's odometer
reading at the time of sale and whether or not the odometer reflects
the total actual miles the vehicle has traveled.
Secure power of attorney forms (T-8S) are not available
at the state or the county tax commissioners' offices. You may purchase
these forms from one of the following authorized dealer associations:
Georgia Automobile Dealers Association (GADA)
2255 Cumberland Parkway, Building 900
Atlanta, GA 30339
Telephone Number (770) 432-1658
Georgia Independent Automobile Dealers Association
(GIADA)
6903-A Oak Ridge Commerce Way S.W.
Austell, GA 30168
Telephone Number (770) 745-9650
Important: Always use a person's full legal
name when completing any motor vehicle tag and/or title form. A
person's full legal name is his or her complete name as shown on
his or her Georgia driver's license or Georgia identification card.
