Short answer
Not directly — you need the title in your name first, or written power-of-attorney from the legal owner. If you want to donate a vehicle owned by someone else, you must first obtain the title or a valid POA that allows you to act on their behalf.
We understand that sometimes circumstances make it difficult to donate a vehicle that is not in your name, such as dealing with a deceased spouse, a parent in assisted living, or an ex-spouse. This page will guide you through the necessary steps and requirements to donate a vehicle under these scenarios and ensure you have the documentation needed for a smooth process.
How it actually works
Title Transfer
Before donating a vehicle that isn’t titled in your name, you must first transfer the title to yourself. This can be done through probate for deceased owners, a standard title transfer, or a power-of-attorney (POA) from the current owner.
Power of Attorney Documentation
If the legal owner is unable to sign due to disability or living in assisted care, you need a vehicle-specific POA. This document must state you can sell or donate the vehicle on their behalf and should be notarized if required by your state.
Gather Required Papers
At the time of pickup, have both the title and the notarized POA (if applicable). Additionally, you'll need to provide IRS Form 1098-C, which must be issued in the legal owner's name, not yours.
Confirm POA Validity
Ensure that the POA is recent (usually within 60 days) and includes vehicle-specific language. General POAs may not suffice in some states.
Gotchas
⚠ Deceased Owner Vehicles
If the vehicle is owned by a deceased person, you will need to go through probate or file a small-estate affidavit before you can transfer the title.
⚠ POA Limitations
Not all power-of-attorney documents allow for vehicle transactions; the POA must explicitly grant this authority to ensure legality.
⚠ Tax Deduction Rules
The tax deduction for the donation goes to the legal owner or their estate, not to the donor holding the POA.
⚠ Lawyer Involvement
Some charities, including potentially ours, may require attorney involvement for POA-signed donations, which can complicate the process.
When this won't work
In certain scenarios, such as when a vehicle is repossessed or if there are outstanding liens, this donation process may not work. If obtaining the title proves impossible, you may need to consider alternative options, such as selling the vehicle or contacting the legal owner for further steps.
Wisconsin specifics
In Wisconsin, the Department of Motor Vehicles (DMV) has specific regulations regarding title transfers. Make sure to check any local paperwork variations that might affect your donation, such as the exact requirements for a POA or probate documentation. It is advisable to consult the DMV or a legal expert to navigate these rules correctly.
FAQ
What if the vehicle is from a deceased owner?
Can I use a general POA for vehicle donation?
Do I need to be an attorney to handle this?
What documentation is required for pickup?
What if the vehicle is still under a lien?
Can I donate a vehicle in a joint name?
What happens to the tax deduction?
Other "can I donate..." questions
If you have any more questions or would like to proceed with donating a vehicle, please contact Badger Auto Aid. We're here to help navigate this process and ensure that your donation goes smoothly!