Not everybody is a born salesman, so when it comes time to sell a vehicle in Arkansas, some opt to enlist an agent to act for them. One way to give your agent the authority she needs to find a buyer and transfer title to your car is to use a power of attorney.
Power of Attorney
Occasions arise in life when it is necessary or convenient to have someone else act in your place. A power of attorney works for you in these situations. This legal document allows you to name a trusted person to step in and act in your stead. The person making the document, termed the principal, must also describe the scope of the authority she wishes to give the agent. Generally powers of attorney are used for financial or health care matters. A limited financial power of attorney is appropriate to give an agent authority to transfer title to your vehicle in Arkansas.
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Arkansas Statutory Form
Drawing up a financial power of attorney in Arkansas was made easier by the legislature when it included an officially sanctioned form in the state statutes. If you fill out the form found at Arkansas Code 28-68-301 without altering it, you are certain to fulfill all state procedural requirements. You can use alternate forms as long as you follow Arkansas procedural requirements including signing the form before a notary. You must specify on the form that you are granting the agent authority to transfer title to a specified vehicle.
Transferring the Vehicle
Once you have filled in and appropriately signed a power of attorney, your agent is free to sell the vehicle and transfer title. Transferring title of the vehicle to a new owner is accomplished at the motor vehicle office in any state revenue office in Arkansas. The agent fills out the title release information in the registration/title application and signs the document in your stead. She also collects the sales price and pays off any lien on the vehicle.
Financial powers of attorney in Arkansas can provide broad authority for an agent to act in the place of her principal. If you properly limit your power of attorney when you fill in the form, the document will only be valid until title to the vehicle is transferred. If your drafting was imprecise, the agent may retain authority to act on your behalf. You can revoke a power of attorney at any time, however, by advising the agent and signing a written revocation.
Teo Spengler earned a JD from U.C. Berkeley Law School. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an MA and an MFA in English/writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.