Michigan Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   The authority a Michigan TR-128 conveys is written on the form in one sentence: the agent may sign the owner name to legal documents pertaining to the sale, purchase or titling of the unit described on the form, as required by Michigan law, and nothing wider than that.

2. 2

   Michigan calls the form the Appointment of Agent and numbers it TR-128. The Secretary of State forms index lists it in full as TR-128: Appointment of Agent for a Vehicle, Watercraft, or Mobile Home.

3. 3

   No notary is involved. TR-128 prints no acknowledgment block. The owner signs one dated line, under a printed warning that a false statement in connection with a title transaction is a crime.

4. 4

   The owner accepts exposure for the agent. The signature sits directly under the sentence, I am voluntarily making this appointment and am aware that I may bear responsibility for any information provided by, or actions taken by my agent.

5. 5

   All information must be completed in ink, and any alterations void the form. A crossing out or a correction fluid patch does not get fixed at the counter, it kills the appointment.

6. 6

   A photocopy of the owner valid driver license or state identification card must be presented with the complete form to the Secretary of State branch, so the agent arrives with the form and the copy together.

7. 7

   Two uses are blocked outright. TR-128 cannot be used to apply for an instant title unless the agent is a vehicle dealer licensed in Michigan, and it cannot be used to appoint one individual to sign as both seller and buyer of a vehicle that requires odometer disclosure under MCL 257.233a.

Michigan Requirements for Vehicle Power of Attorney

• Form TR-128, Appointment of Agent

  Michigan uses form TR-128, headed Appointment of Agent and listed on the Secretary of State forms index as TR-128: Appointment of Agent for a Vehicle, Watercraft, or Mobile Home. The form exists because titles, applications and related documents must be signed by each owner, and this is how an owner who cannot sign appoints someone.

• Narrow Authority: Signing Sale, Purchase or Titling Papers

  The appointment lets the agent sign the owner name to legal documents pertaining to the sale, purchase or titling of the unit described on the form, as required by Michigan law. That is the whole grant. It is not a general power over the owner affairs and it conveys no ownership interest.

• No Notary Block, One Dated Owner Signature

  TR-128 prints no notary acknowledgment block. The owner signs one line and dates it. The form supplies a printed warning in place of a notary: a false statement in connection with a title transaction is a crime.

• Owner Accepts Responsibility for the Agent

  The signature sits directly beneath the sentence: I am voluntarily making this appointment and am aware that I may bear responsibility for any information provided by, or actions taken by my agent. Signing TR-128 is therefore an acceptance of that exposure as well as an appointment.

• Ink Only, and Alterations Void the Form

  The instructions open with two rules: all information must be completed in ink, and any alterations void this form. A crossing out or a correction does not get repaired at the counter. Where an entry is wrong, start a clean sheet rather than amending the one you have.

• Owner License Photocopy at the Secretary of State Branch

  A photocopy of the owner valid driver license or state identification card must be presented with the complete form to the Secretary of State branch. Since the agent is the one at the counter, the owner has to hand over both the signed form and the photocopy.

• No Instant Title Unless the Agent Is a Licensed Michigan Dealer

  The form states it cannot be used to apply for an instant title unless the agent is a vehicle dealer licensed in Michigan. A family member or friend holding the appointment cannot obtain an instant title on it, so a transaction that needs one has to be planned differently.

• Covers Watercraft, ORVs and Mobile Homes Too

  The description block is headed vehicle, watercraft, ORV, or mobile home information, and takes a Year, a HIN or VIN, a Make and a plate or registration number if the unit has one. The HIN field is what lets the same form serve a boat, and the certification refers to the unit throughout.