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I'm my biological dad's only child and POA. I assume he will be dead in 2023. He hasn't driven in more than 2 years now. I am NOT on the title, because I didn't want to be responsible if he hit someone/something. The eyesore is parked in his brother's driveway and he'd kind of like it gone. I am paying insurance and licensing fees from my dad's bank account and keeping careful records.



If I wait, when he dies, I guess the rusty old farm truck is mine by default and poof! Then I can sell it, right? Or am I wiser to sell it now and get him to sign the change of title?



OR -- hope this is true -- as his POA, I can sign in his stead and don't have to break his heart and sell it while he still thinks he's going to drive again one day.



Any advice? Does it vary by state? He's in IL.

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SeniorStruggles: Pose your query to the DMV.
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It is probably legal in the state of Illinois to sell the car as his POA, even if your name is not on the title itself; you would sign all the required paperwork as "Father name, by your name, POA". You would need to show your power of attorney papers when signing the paperwork, as well as a copy of your identification, and any medical notes from any doctors confirming that your father has been diagnosed with dementia/Alzheimer's and is mentally incapacitated. Check the POA papers to see if you need to have one, or two, medical notes from doctors in order for the POA to take effect. Check with the Illinois DMV also.

It seems as if the best idea financially for this situation would be to sell this truck as soon as possible and use the proceeds from the sale to provide for his care. The truck is not being used at all, and requires monthly insurance payments. If you do inherit the truck after his death, it would have to go through probate, since you are not on the title, and the costs of probate may exceed the overall sale price of the truck.
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We live in IL. Get legal POA documents in order first if you haven’t already. When selling my husband’s equipment, I checked with Sec. of State’s local office (DMV). As someone else stated it’s signed: Owner’s Name by Your Name, POA. I did this on the first title when I sold one of my husband’s trucks. When selling another truck & trailers I just signed his name. I sold them privately to people we knew. No problems at any time & one vehicle has even been re-sold since. (SOS doesn’t really care.) SOS office has a POA form available online, but it doesn’t need to be notarized or even signed in front of them. They never asked for it. But do tear off the stub at the bottom of the title. You mail it in to the state indicating you have sold the vehicle & are no longer responsible for it.
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Assuming you have a durable financial POA that was properly drafted by an attorney for your state law (each state is different); AND it became effective upon signing (that is it is NOT a POA triggered by a doctor's confirmation of your father's lack of competancy); then there should be no issue with your ability to sell the truck. And frankly, selling it before he passes may be easier than after he passes depending on if he has a properly executed Will with you as the named Executor (?).

Each state is different, but in most states after a LO passes, the original Will may need to be presented to the "Register of Wills" or other similarly named office; and thereafter the Executor will be "recognized" and allowed to start the process of valuation and disbursing (selling) any assets (such as the truck) and to pay off any secured debts. But as others have noted, that can take months. Where I live, it takes about 18 months for an Estate to be resolved and final taxes filed (yes, there are taxes too at the end). All to say, perhaps selling the truck and other assets now could be the faster option.

Any funds from selling his assets SHOULD be put into his account and spent on his care! If he is now or may need skilled nursing home care; he would need to pay for that until which time (if needed) he has spent down all his funds from all assets and could apply for Medicaid thereafter.

A quick check -- as others have noted -- with a reputable car dealership (perhaps where you purchased your vehicle as you likely have a relationship with that dealer) as to what is required for you as the POA to sell the vehicle would be good. Ask to speak with a "manager" or someone in charge and get something in writing so there is no dispute. If you like the offered price, go with it. Do not -- as others have said -- try a private sale as there are too many potential legal tripwires that may cause issues downstream. Not worth the extra $ via a private sale.

Good luck with this.
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To start, go to a professional dealer who knows about DMV rules and documents for a successful and complete transfer prior to selling. Avoid selling privately so that any documents, such as the owner's release of liability (pink slip) and State registration, are not missed. Complete DMV documents are vital to avoid surprises down the road to haunt you later.
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Check with the state DMV, but I see no reason why you couldn't sell it if that POA is active, i.e. you're already handling his financial affairs.

You are signing as your father in financial transactions that involve his property. That's what a POA is for. Your signature is "Dad's Name, by Your Name, power of attorney." Include a copy of the POA with the title for the buyer just to calm the forces at the DMV who might decided to make life miserable.

Also, be sure to send in the Release of Liability form to the DMV that says the vehicle has been sold and to whom. It's the buyer's job to take the title and register the car, but it's YOUR job to send in the Release of Liability. If you don't and the buyer decides to be a jerk and not register the car, you can get caught up in liability with any crashes or tickets. My folks didn't send in that form once (decades back), and they received every single parking ticket for that car for months until they straightened it out.

Be sure to do a Bill of Sale, too, to further prove you've sold the car. Copies for both buyer and seller.
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igloo572 avatar
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igloo572 Dec 2022
Excellent advice! Also it may be required for the current license plates to be removed (& kept) by the prior owner. This too varies by state.
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Varies by state. Check with IL DMV. If you can get him to do a Transfer on Death on the title, when he passes it would be an easy transfer to you. Otherwise the process could be a little harder, especially if the Estate would be Probated.

I don't think you can do it as his POA, unless he agrees to sell it to you and signs the title over to you.
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