my brother in Australia to act as my attorney to look after my affairs. This power of attorney will however need to be used in America as I own assets and property there- in particular a property that is owned jointly with my ex-husband. Can my brother carry out his duties (sell my share in the property) set out in the power of attorney without him residing in America?
Real Estate Attorney
Only with great difficulty. You are better off retaining an attorney in America to handle things with your power of attorney.
Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.