Montana Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   Form MV65, titled Power of Attorney and printed by the Montana Motor Vehicle Division Vehicle Services Bureau, appoints an attorney in fact with full authority to execute the instruments needed to effect registration, transfer of title or application for title on the one vehicle or vessel named in section 3 of the form.

2. 2

   Section 5 of MV65 is a notary block headed Notarize, Notary Use Only. The MVD Title Manual puts the rule directly: the signature of the principal giving the POA must be notarized unless notarization is not required by certain jurisdictions.

3. 3

   The authority is narrow by its own terms. It must be exercised by the person or company named on the form, and it is only valid on the title or on the document for which the authority is granted.

4. 4

   Montana has a prescribed way to sign. The attorney in fact writes the name of the owner, then their own signature and POA, as in Sharon Smith by Jane Doe POA. A business adds its own name between the two, as in Sharon Smith by Morrison Garage George Morrison POA.

5. 5

   The Title Manual accepts a copy of a power of attorney generally, but where the MV65 form itself is used the original document is required.

6. 6

   The certifying statement in section 4 is made under penalty of law under Section 45-7-203, MCA, and covers three things: the statements are true and correct, you are the person named on the form, and if you are signing for a business entity or trust you have full authority to do so.

7. 7

   Montana county and state authorities reserve the right to reject any form that has been altered, so complete MV65 cleanly rather than crossing anything out.

Montana Requirements for Vehicle Power of Attorney

• MVD Form MV65, Power of Attorney

  Montana uses form MV65, titled Power of Attorney, published by the Department of Justice Motor Vehicle Division, Vehicle Services Bureau. The current version footer reads MV65 Power of Attorney (9/26) and the form runs to two pages, in six numbered sections. The header gives PO Box 201431, Helena, MT 59620-1431 and phone 406-444-3661.

• Section 5 Notary Block, Notary Use Only

  Section 5 of MV65 is headed Notarize, Notary Use Only, with spaces for the state, the county, the date signed before the notary, a notary stamp or seal, the clearly printed name of the signer and the notary signature. The MVD Title Manual states that the signature of the principal giving the POA must be notarized.

• Identification Number for Owner and Appointee

  Sections 1 and 2 each ask for a DL, FEIN, Tribal ID or Corp. ID number, defined on the form as a driver license number, a federal employer identification number, a tribal identification number or a corporate identification number. Both parties also give an address, phone and email.

• Authority Limited to the Named Person and the Named Document

  The MV65 instructions say the power of attorney must be exercised by the person or company named on the form and is only valid on the title or on the document for which the authority is granted. The MVD Title Manual adds that an attorney in fact cannot reassign their power to another person.

• Prescribed Signing Pattern With POA After the Name

  An individual holding the power of attorney writes the name of the owner, followed by their signature and POA, as in Sharon Smith by Jane Doe POA. A business representative writes the owner name, then the business name, then their signature and POA. The Title Manual requires a separate signature for each principal where there is more than one.

• Odometer Statement and Purchaser Statement on the Form

  MV65 carries its own odometer statement in section 3, with a five or six digit selection, the reading with no tenths, the date it was read and two exception boxes. Section 6 is a purchaser statement where the buyer certifies the owner mileage figure. The Title Manual adds that for a model year 2011 or newer vehicle, either a secure POA form is required or a generic POA may be used with a conforming odometer statement.

• Original Required for MV65, Though Copies Are Accepted Generally

  The MVD Title Manual says a copy of a POA will be accepted, but that if you are using the form for POA, form MV65, the original POA document is required. The form also warns that Montana county and state authorities reserve the right to reject any form that has been altered.

• File It Through the County Treasurer With the Title Work

  MV65 is not filed on its own. It goes with the title or registration application, and Montana title applications are made through a county treasurer office; the Title Manual describes the owner applying for a new title through his or her county treasurer office. Montana also publishes MV65B, Limited Power of Attorney: Settlement of Insurance Claim Electronic Signature Only, for transfers to an insurance company in settlement of a claim.