How a vehicle power of attorney works in California
In California, a vehicle owner appoints someone to sign transfer papers with the Power of Attorney form, REG 260. The Statement of Facts, REG 256, is a separate form that explains the facts of a transaction, and an agent generally cannot sign it for the owner. A vehicle power of attorney covers signatures on transfer documents, and the owner's own sworn statements stay with the owner.
What is California's REG 260 power of attorney form?
REG 260 is the California Department of Motor Vehicles (DMV) form for a vehicle or vessel power of attorney. The owner lists the identification number, year model, make, license plate or CF number, and motorcycle engine number when there is one. The owner then names an attorney in fact “to complete all necessary documents, as needed, to transfer ownership as required by law.”
DMV's Vehicle Industry Registration Procedures Manual, section 1.125, defines the idea this way: “A POA is a written document whereby one person (the principal) conveys to another the right to act for that person as attorney-in-fact.” The manual adds that a POA may be used to release ownership on a title or bill of sale, and that the REG 260 form is available on the DMV website only.
Does California DMV accept other powers of attorney?
Yes. The manual says DMV also accepts a restricted POA, limited to a specific type of transaction such as a transfer of ownership, and a general POA, which conveys the right to handle unlimited types of transactions. The Vehicle/Vessel Transfer and Reassignment Form (REG 262) also includes a power of attorney section for convenience.
Copies are treated differently depending on the form. A photocopy or fax copy of a general POA, including the REG 260, is acceptable. Copies of the REG 262 are not acceptable, because the REG 262 is a secure document.
What must a California vehicle power of attorney include?
The manual lists 4 requirements. A POA must contain the vehicle or vessel identification number, except that a general POA will not contain one. It must contain the name of the designated attorney-in-fact. It must be signed by the principal. And it must accompany the applications signed by the attorney-in-fact.
REG 260 adds signing rules on its face. It states “ALL SIGNATURES MUST BE IN INK,” and the person granting the power certifies under penalty of perjury under California law that the information is true and correct. The form has no notary block. Next to each signature, it asks for the signer's city, state, ZIP code, date, and driver license, ID, or dealer number.
When a business is the attorney-in-fact, DMV requires the business name in the countersignature. The manual's example reads “Jim Smith by Uome Loan Company by John Brown as POA.”
What can an attorney-in-fact not do at the California DMV?
Section 1.125 lists 5 things a POA cannot be used for. It cannot be used to sign a certification or Statement of Facts attesting to the principal's own knowledge, except a certification about the disposition of the original California title on an Application for Replacement or Transfer of Title (REG 227). It cannot be used to disclose odometer mileage. It cannot be used to reassign the rights the principal gave the attorney-in-fact. Executors or administrators cannot use it to appoint an attorney-in-fact. And a trustee cannot use it to assign all the duties of a trust.
The trust rule has a narrow opening. A trustee may assign specific duties, such as transferring a vehicle, so DMV accepts only a restricted POA from a trustee, limited to a particular trust asset or a particular transaction.
The odometer rule surprises many sellers. Because a POA cannot disclose mileage, the owner signs the odometer statement personally unless a secure power of attorney is used. DMV's manual notes that California no longer produces a Secure Power of Attorney form, though DMV continues to accept California secure forms, and other states may use their own.
When do you use a Statement of Facts instead?
REG 256 is where an owner explains facts DMV needs to process a transaction. DMV's title transfer page lists it for family, estate, inheritance, and gift transfers, where the title goes in with a Statement of Facts or an affidavit. It also lists REG 256 for name changes, including adding or removing an owner.
Because a Statement of Facts speaks to what the owner knows, an agent cannot sign it under a POA outside the narrow REG 227 title situation described above. If a transfer needs both forms, the owner signs the REG 256 personally, and the agent can sign the remaining transfer papers under the REG 260.
When is a California vehicle power of attorney useful?
REG 260 fits any sale where the owner cannot sign in person. An owner who has moved out of state can let a relative in California sign the title and finish the transfer. A co-owner who is traveling can let the other owner complete a sale. An owner who sells to a dealer or buyer across the state can let that party handle the signatures at a DMV office near them.
Because the POA must accompany the applications the attorney-in-fact signs, send it in with the rest of the packet: the endorsed title, the Application for Replacement or Transfer of Title (REG 227) if the title is lost, and the bill of sale. DMV's title transfer page lists a Bill of Sale (REG 135) among the forms that may be required when ownership changes.
What should a California seller file after an agent signs?
The power of attorney does not change the seller's reporting duty. DMV says sellers must submit a Notice of Transfer and Release of Liability within 5 days. Its FAQ says owners must “notify DMV within 5 calendar days from the date you sell or transfer the title or interest in your vehicle,” citing Vehicle Code section 5900. Keep copies of the signed REG 260, the bill of sale, and the release confirmation together, since those papers show who signed what and when. If the agent files the notice online for you, ask for the confirmation page, because DMV treats that page as proof the notice was submitted.
Sources
Frequently Asked Questions
What form is a vehicle power of attorney in California?
California DMV uses the Power of Attorney form, REG 260. The owner names an attorney in fact to complete all necessary documents to transfer ownership. All signatures must be in ink, and the owner signs under penalty of perjury.
Can a power of attorney sign a Statement of Facts in California?
Generally no. DMV's registration manual says a POA cannot be used to sign a REG 256 Statement of Facts attesting to the principal's own knowledge, except for a certification about the original title on a REG 227.
Can an agent sign the odometer disclosure with a California POA?
No. DMV's manual says a POA cannot be used to disclose odometer mileage. The owner signs the odometer statement personally unless a secure power of attorney is used, and California no longer produces its own secure form.
Along with his duties at YourLeaseAgreement, Paul Oak is a writer covering private sale transactions, vehicle transfers, and consumer legal documents. He breaks down state-by-state requirements into plain English so buyers and sellers can navigate the paperwork without hiring a lawyer. When he's not researching DMV forms and title transfer deadlines, he's probably arguing about which state has the worst bureaucracy.
View all posts →Create Your Bill of Sale
Generate a state-specific, professionally formatted bill of sale in minutes.
Get Started - $5