Kansas Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   TR-41, revision 07/24, is headed Kansas Department of Revenue Power of Attorney and subtitled For vehicles only, and it appoints a true and lawful attorney in fact to apply for a Certificate of Title and Registrations and to endorse and transfer title for one described vehicle.

2. 2

   No notary is involved. TR-41 prints no acknowledgment block. The owner instead signs a sworn line reading, By my signature I swear or affirm that this is a true and correct statement. I am aware that the law provides severe penalties for making false statements under oath.

3. 3

   The vehicle is identified on TR-41 by four entries: Year, Make, Style and VIN. There is one hand printed owner name, one owner signature and one date, so the sheet is built for a single signing owner.

4. 4

   TR-41 makes the owner represent in the transfer assignment that the title is free and clear of all liens and encumbrances, with lines for a 1st Lienholder and a 2nd Lienholder and an instruction to write None where there are none.

5. 5

   TR-41 cannot be used to let one person sign for both buyer and seller and disclose mileage in the same transaction. For that, the form directs that a Secured Power of Attorney must be used instead.

6. 6

   The exemption ages are printed on the form itself: heavy trucks are exempt, vehicles of model year 2010 or older are exempt at 10 years, and vehicles of model year 2011 and newer are exempt at 20 years.

7. 7

   Where the title is electronic, the Department of Revenue publishes a separate TR-40, Power of Attorney Purchase Price and Odometer Disclosure for Electronic Title, which carries the mileage statement and the purchase price on the same page as the appointment.

Kansas Requirements for Vehicle Power of Attorney

• Form TR-41, Power of Attorney (For Vehicles Only)

  Kansas uses form TR-41, headed Kansas Department of Revenue Power of Attorney and subtitled For vehicles only, published by the Division of Vehicles. The posted revision is TR-41 (Rev. 07/24). It appoints a true and lawful attorney in fact for one described vehicle.

• No Notary Block, a Sworn and Affirmed Signature Instead

  TR-41 prints no notary acknowledgment block anywhere on the page. The owner signs a sworn line instead: by my signature I swear or affirm that this is a true and correct statement, and I am aware that the law provides severe penalties for making false statements under oath.

• Vehicle Described by Year, Make, Style and VIN

  The authority is tied to one vehicle, described on TR-41 by four entries: Year, Make, Style and VIN. Copy all four from the Kansas certificate of title rather than from memory, because the appointment reaches only the vehicle described on the sheet.

• Lien and Encumbrance Representation

  TR-41 requires the owner to represent in the transfer assignment that the title is free and clear of all liens and encumbrances, except those listed. Two lines follow, for a 1st Lienholder and a 2nd Lienholder, and the form instructs the owner to write None where there are none.

• One Hand Printed Owner Name and One Signature Line

  The signature area of TR-41 carries a Hand Printed Owner Name, an Owner Signature and a Date, and nothing else. The sheet is built for a single signing owner, so it prints no second owner line and no witness line.

• Secured Power of Attorney for Both Sides Signing

  TR-41 states that federal and state law prohibit a person from signing for both buyer and seller and disclosing mileage in the same transaction. Where one person must sign both sides of a conforming title or an odometer disclosure statement, the form directs that a Secured Power of Attorney be used instead.

• Odometer Exemption Ages Printed on the Form

  The exceptions to the both sides prohibition are printed on TR-41 itself. Heavy trucks are exempt. Vehicles of model year 2010 or older are exempt at 10 years. Vehicles of model year 2011 and newer are exempt at 20 years. Check the model year against those ages before assuming the restriction applies.

• Form TR-40 Where the Title Is Electronic

  For an electronic title the Department of Revenue publishes TR-40, Power of Attorney Purchase Price and Odometer Disclosure for Electronic Title. It grants full authority to apply for a certificate of title and registration, to endorse and transfer title, and to disclose the mileage stated on the same page.