As an attorney who has drafted and reviewed hundreds of vehicle-related powers of attorney in Indiana over the past 12 years, I can tell you that the single most common mistake people make is using an outdated or generic form when dealing with the Indiana Bureau of Motor Vehicles (BMV). The only document the Indiana BMV will accept for most title, registration, and odometer disclosure transactions is the official Indiana State Form 1940 – Power of Attorney. In this comprehensive guide, I’ll give you the current 2025 version for free, explain exactly when and how to use it, and help you avoid the delays and rejections I see every week in my practice.
Download your free, official Indiana BMV Power of Attorney (State Form 1940) here: Indiana State Form 1940 (PDF – Official IN.gov)
The Indiana Power of Attorney Form 1940 is a limited, vehicle-specific statutory power of attorney created and required by the Indiana Bureau of Motor Vehicles under IC 9-13-2-138 and 260 IAC 1.5. Unlike a general durable power of attorney, Form 1940 is accepted only for BMV transactions such as:
Source: Indiana BMV Official Forms Page and Indiana Code Title 9
In my experience, these are the most common real-life situations where Form 1940 is mandatory:
| Scenario | Form 1940 Required? | Notes |
|---|---|---|
| Selling a car for an elderly parent who can’t go to the BMV | Yes | Buyer’s title application must include Form 1940 + odometer section |
| Buying a vehicle at auction for your LLC | Yes | Auction will almost always demand it |
| Deployed military member transferring vehicle to spouse | Yes (or military POA + Form 2997) | BMV accepts active-duty military POA in some cases |
| General durable POA already signed (health & financial) | No – usually rejected | BMV specifically requires Form 1940 language |
| Dealer selling your trade-in | Dealer uses their own dealer POA | Form 1940 not needed |
Follow this exact order to avoid rejection (I’ve seen titles delayed 60+ days for simple errors):
As of January 2021 (and still in force in 2025), the Federal Odometer Disclosure Statement is now integrated into most state titles, but Indiana still requires the agent to have explicit authority on Form 1940 to disclose mileage. Failure to check the odometer box is the #1 reason titles are rejected at the BMV.
Source: NHTSA Odometer Disclosure Requirements
Yes – every single time. Indiana BMV policy has required notarization since 2018 and has not changed.
Yes, as long as the notary block complies with Indiana notary law (most do).
There is no expiration date printed on the form, but many title companies and buyers require it to be less than 12–24 months old.
Yes – provide written revocation to your agent and notify the BMV in writing if a transaction is pending.
In 95% of cases I see – no. The BMV specifically wants their statutory short form.
This article and the provided template are for informational purposes only and do not constitute legal advice. Laws and BMV procedures can change. Always verify the current form on IN.gov and consult a licensed Indiana attorney or title professional for your specific situation.
By using the Indiana BMV Power of Attorney State Form 1940, you can save hours of frustration and avoid unnecessary trips to the license branch. Download the official form today and handle your vehicle transactions with confidence.