Iowa Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   Iowa form 411021, Power of Attorney Authorization, is the Iowa Department of Transportation form on which an owner appoints an attorney in fact and marks which of eight listed transactions that person may complete: Application for Certificate of Title, Assignment of Certificate of Title, Application for Replacement Certificate of Title, Application for Notation of Security Interest, Motor Vehicle Odometer Mileage Statement, Damage Disclosure Statement, Application for Refund for a Leased Vehicle, and Other.

2. 2

   It is notarized. Form 411021 prints a notary acknowledgment below the owner signature line, where the notary records that the person who executed the power of attorney personally appeared and acknowledged it to be a voluntary act and deed. Iowa Code Section 633B.105 separately requires that a power of attorney be acknowledged before a notary public or other individual authorized by law to take acknowledgments.

3. 3

   The form must be on a department form by statute. Iowa Code Section 321.49(2) provides that certificates of title may be assigned by an attorney in fact under a power of attorney appointed and so empowered on forms provided by the department, and that the power of attorney shall be filed by the transferee with the application for title.

4. 4

   You do not get it back. The form states that the power of attorney must be surrendered with the application, and its disclosure statement adds that all of the information is required and that failure to provide required information would result in denial of use of the power of attorney form.

5. 5

   There are three routes, not one. The Iowa DOT describes them as submitting form 411021; submitting an alternate power of attorney drafted specifically for the vehicle, or a wider one that includes the specific vehicle details; or submitting a general power of attorney together with form 411020.

6. 6

   Form 411020, the Affidavit of Authority for Vehicle Pursuant to General Power of Attorney, is the companion for a general power of attorney that is not specific to the vehicle being transacted. On it an authorized agent attests, under penalty of perjury, that the general power of attorney is still valid at the time of the transaction and specifically for that vehicle.

7. 7

   Iowa Admin. Code r. 761-400.13(6) leaves the department room: power of attorney forms are available from the department, but other forms or a certified true copy may be accepted if they contain all necessary information.

Iowa Requirements for Vehicle Power of Attorney

• Form 411021, Power of Attorney Authorization

  Iowa uses form 411021, titled Power of Attorney Authorization, published by the Iowa Department of Transportation. It has to be a department form: Iowa Code Section 321.49(2) allows a certificate of title to be assigned by an attorney in fact under a power of attorney appointed and so empowered on forms provided by the department. Ask the county treasurer's office for the current copy before signing.

• Notarized Before a Notary Public

  Form 411021 prints a notary acknowledgment below the owner signature line, in which the notary records that the person who executed the power of attorney personally appeared and acknowledged it to be a voluntary act and deed. Iowa Code Section 633B.105 separately requires a power of attorney to be acknowledged before a notary public or other individual authorized by law to take acknowledgments.

• Eight Numbered Transactions, and You Mark Which

  The form lists eight transactions and the owner marks which the attorney in fact may complete: Application for Certificate of Title, Assignment of Certificate of Title, Application for Replacement Certificate of Title, Application for Notation of Security Interest, Motor Vehicle Odometer Mileage Statement, Damage Disclosure Statement, Application for Refund for a Leased Vehicle, and Other. Unmarked items are authority not given.

• Owner Identified by County and State of Residence

  The form takes the owner's last, middle and first name, the address in full, the city, and the county and state of residence, in the phrasing a resident of county, state of. The Iowa title number goes on the form when applicable, alongside the description of the motor vehicle.

• Surrendered With the Application, and Every Field Required

  The form states that the power of attorney must be surrendered with the application, so it is handed over rather than returned. Its disclosure statement adds that all of the information is required and that failure to provide required information would result in denial of use of the power of attorney form. Keep your own copy before the original goes in.

• Form 411020 Pairs With a General Power of Attorney

  Where a customer submits a notarized general power of attorney that is not specific to the vehicle being transacted, the Iowa DOT pairs it with form 411020, Affidavit of Authority for Vehicle Pursuant to General Power of Attorney. On it an authorized agent attests, under penalty of perjury, that the general power of attorney is still valid at the time of the transaction and specifically for that vehicle.

• Another Form or a Certified True Copy May Be Accepted

  Iowa Admin. Code r. 761-400.13(6) provides that an attorney in fact may act for the living owner if the appointment is shown on a power of attorney form, that such forms are available from the department, and that other forms or a certified true copy may be accepted if they contain all necessary information.

• Filed at the County Treasurer, and the Dealer ERT Exception

  Iowa Code Section 321.49(2) requires the power of attorney to be filed by the transferee with the application for title, and the form's disclosure statement names the county treasurer and the Department of Transportation as the users of the information. Separately, the electronic registration and titling process was updated to remove the need for dealers to obtain a notarized power of attorney, requiring instead a written authorization from the purchaser for each transaction.