Delaware Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   Form MV386 is the Delaware Power of Attorney to Transfer a Motor Vehicle Title. It appoints an attorney in fact to sign all papers and documents necessary to transfer ownership of the vehicle described by make, model year and identification number.

2. 2

   The authority is transfer only. MV386 does not mention registration, a duplicate title or a lien anywhere on its face, so a different document is needed for those errands.

3. 3

   It must be notarized. The block at the foot of the page records the state, the county and the date, and ends in a Notary Public signature line.

4. 4

   The original is required. The Division's Application for Title lists a power of attorney among the documents for which originals are required, and says a representative signing must present an original, signed and notarized power of attorney.

5. 5

   The owner agrees to indemnify and hold harmless the State of Delaware and all public officials from the Division of Motor Vehicles from any liability that may accrue from issuance of a title for the described vehicle.

6. 6

   A copy of photo identification is required for the individual granting the authority and for the individual receiving it, and the power of attorney must be either all typed or all handwritten.

7. 7

   The form identifies both people fully: address, city, county and state for the owner, and the same four for the person appointed. A co-owner signature line is printed beneath the owner's.

Delaware Requirements for Vehicle Power of Attorney

• DMV Form MV386, Power of Attorney to Transfer a Motor Vehicle Title

  Delaware uses form MV386, titled Power of Attorney to Transfer a Motor Vehicle Title, published by the Division of Motor Vehicles. The foot of the page prints Form-MV386 (Revised 04-2001) and document number 45-07-95-01-2, and the body is addressed to the Division.

• Transfer of Ownership Authority Only

  The operative clause appoints the person named as attorney in fact to sign all papers and documents that may be necessary in order to transfer ownership on the described vehicle. No registration, duplicate title or lien power appears anywhere on the form.

• Notarization Required

  MV386 carries an acknowledgment block recording the State of Delaware, the county and the date, in the wording Be in remembered that on this day the Subscriber personally came before me, above a Notary Public signature line.

• Original Document Required, Not a Copy

  The Division Application for Title states that original documents are required when a power of attorney is used, and that a representative signing the title and application must present an original, signed and notarized power of attorney. Copies are accepted only for photo identification.

• Photo Identification Copies for Both Sides

  For an individual, whether granting or being granted the authority, a copy of photo identification is required. Where an entity is on either side, the Division also wants a notarized letter of signature authority on company letterhead connecting the signing representative to the entity.

• All Typed or All Handwritten

  The Application for Title states that the power of attorney must be either all typed or all handwritten and must include all vehicle information. The application itself must be completed in blue or black ink only, with no alterations, corrective tape or erasable ink.

• Indemnity Given by the Owner

  Above the signature lines the owner agrees to indemnify and hold harmless the State of Delaware and all public officials from the Delaware Division of Motor Vehicles from any and all liability that may accrue from issuance of a title for the so described vehicle.

• Full Address Blocks, Three Vehicle Fields, Co-Owner Line

  MV386 records address, city, county and state for the owner and again for the person appointed. The vehicle gets three fields only: make of vehicle, model year and vehicle identification number. A co-owner signature line sits beneath the owner's.