Virginia Vehicle Power of Attorney

Introduction

Key Things to Know

1. 1

   The Virginia vehicle power of attorney is DMV form VSA 70, printed in full as Power of Attorney to Sign for Owner When Registering and/or Transferring Ownership of a Motor Vehicle, and it names an attorney in fact to sign the certificate of title or supporting papers for one described vehicle.

2. 2

   There is no notary section on the form. The owner instead certifies and affirms under penalty of perjury that the information is true, that any documents presented to DMV are genuine, and that knowingly making a false statement is a criminal violation.

3. 3

   A VSA 70 is good for one transaction. DMV policy states that the non-secure power of attorney may be used only one time for registering or transferring ownership of a vehicle.

4. 4

   The form cannot be used for odometer disclosure. The owner has to make the mileage statement in person, even where the agent signs everything else.

5. 5

   The authority cannot be granted to a business. It must be granted to a person employed by the business and authorized to conduct transactions for it, so the individual has to be named.

6. 6

   Photocopies of the power of attorney are acceptable to the Virginia DMV, which helps when the owner is out of state and can only send a scan.

7. 7

   A Virginia motor vehicle dealer cannot use the non-secure VSA 70. Where a dealer is the agent and the title is lost or held by the lienholder, the secured form VAD 70A is used instead.

Virginia Requirements for Vehicle Power of Attorney

• DMV Form VSA 70

  Virginia uses form VSA 70, printed in full as Power of Attorney to Sign for Owner When Registering and/or Transferring Ownership of a Motor Vehicle, published by the Department of Motor Vehicles. The posted revision is dated 05/10/2018. The DMV classes it as a non-secure power of attorney.

• No Notarization, Certification Under Penalty of Perjury Instead

  VSA 70 carries no notary acknowledgment block. The owners instead certify and affirm under penalty of perjury that the information is true and correct, that documents presented to DMV are genuine, and that knowingly making a false statement or representation on the form is a criminal violation.

• One-Time Use for a Single Transaction

  DMV policy VLIC-3.525 states that the non-secure power of attorney may be used only one time for registering or transferring ownership of a vehicle. The same policy notes that a power of attorney is inactive if the individual granting it is deceased.

• Cannot Be Used for Odometer Disclosure

  The VSA 70 cannot be used for odometer disclosure. The owner has to make the mileage statement personally, even where the attorney in fact signs the certificate of title and the supporting papers, so plan for the owner to be available for that one signature.

• The Agent Must Be a Named Individual

  Authority cannot be granted to a business. It must be granted to a person employed by the business and authorized to conduct transactions for it, and the DMV states that a power of attorney may not be assigned to a company without defining the individual or individuals authorized to act as agent. The granted-to block asks for last, first, middle and suffix.

• Photocopies Are Acceptable

  DMV policy states that photocopies of a power of attorney are acceptable, so a clear scan of the signed VSA 70 can be printed and handed in. The form still has to be complete, including the vehicle identification number and a title number, which a purchaser may take from the front of the current title.

• Dealers Use the Secured Form VAD 70A

  The non-secure VSA 70, and any equivalent including an out of state non-secure form, cannot be used by motor vehicle dealers. A Virginia dealer acting as attorney in fact takes the authority on the secured form VAD 70A, which may be used only when the current title is not available to the dealer because it is lost or held by the lienholder.

• Which Transactions It Covers, and the Leased Vehicle Exception

  DMV policy lists the transactions a power of attorney may be used for: a sale between individuals or non-dealer businesses, a replacement, substitute or supplemental title application, registering for new plates, renewal, reissue or transfer of plates, and titling a leased vehicle by the lessee. A lessee already shown in the registration address does not need one for registration work, but that exception does not reach titling or transfer of ownership.