I'm in India but I'm a resident of NY (US Citizen). I want to give my daughter POA to enable her to sell her house on which I'm a co-signer (I'm on the deed as well). I know I have to get the POA executed at the U.S. Consulate. Do I use the NY state POA form or have an attorney draw one up here?
Elder Law Attorney
My opinion is that you should use a New York State Power of Attorney Form, and have it executed at the US consulate, since all parties will be familiar with the New York State Power of Attorney form in New York State. Also make sure the power of attorney is submitted to the purchaser’s title company for review, to ensure acceptability on the day of sale (closing date).
Estate Planning Attorney
I would suggest that you have your lawyer contact the buyer's title insurance company and have them make the decision since they will need to sign off. I would suggest that you begin dealing with issue since I suppose your daughter will need to use the poa to sign the contract. It is up to the buyer's title insurance company.
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