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  1. #11
    Join Date
    Oct 2014
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    7,088

    Default Re: Can Power of Attorney Person Sign Transfer of Vehicle Title

    Quote Quoting flyingron
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    Unless Mother is incompetent and the POA agreement is durable in face of that, it matters not whether it's in her best interest or not or whether she can safely drive or not.
    That's what it comes down to. A power of attorney is simply authorization for the agent to act on behalf of the principal. If the agent knows that the principal does not want the agent to do a particular transaction then the agent cannot do it, assuming the principal is competent, of course. It does not not matter that the transaction might objectively be in the principal's best interest. The principal has the right to do things that might not be in his/her best interests.

    If the principal is incompetent and the agent holds a durable power of attorney then it's a different story. There the agent needs to act in the principal's best interests and can do the transaction notwithstanding that the principal does not want it. But the agent had better be very certain the principal is legally incompetent before doing it.

  2. #12
    Join Date
    Jul 2018
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    1,070

    Default Re: Can Power of Attorney Person Sign Transfer of Vehicle Title

    Quote Quoting MaltbyMark
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    Some would argue that he is in fact carrying out his duty as fiduciary. His mother can't legally drive and we could assume use the money for her care.
    People argue all sorts of crazy things. No law prohibits a person from owning a car simply because she cannot physically drive, and the OP has not told us that his/her mother is mentally incompetent. Absent mental incompetency, the attorney-in-fact may not take action that is directly contrary to the principal's express wishes and is not entitled to substitute his/her judgment for the principal's judgment as to what is in the principal's best interests.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,170

    Default Re: Can Power of Attorney Person Sign Transfer of Vehicle Title

    Quote Quoting MaltbyMark
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    Pennsylvania has vehicle limited power of attorney forms, but it doesn't seem that their use is required. A general POA should suffice, as long as it is witnessed and notarized



    See Section 2. Section 1 refers to POA specifically held by car dealers
    http://www.dot.state.pa.us/public/dv...ts/fs-spoa.pdf



    Some would argue that he is in fact carrying out his duty as fiduciary. His mother can't legally drive and we could assume use the money for her care.
    no. He would be carrying out his own wishes against what he knows the principal intends. An agent is obligated to act in a mannner as they know the principal would.

  4. #14
    Join Date
    Oct 2014
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    7,088

    Default Re: Can Power of Attorney Person Sign Transfer of Vehicle Title

    Quote Quoting pg1067
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    No law prohibits a person from owning a car simply because she cannot physically drive,...
    And there can be good reasons for the person to keep the car. For example, after my grandmother was determined to be unable to drive any longer she kept her car for her care assistant (or for me) to use to drive my grandmother to the store, to medical appointments, etc.

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