Who can be a witness in Power of attorney for a NRI?

Is there a requirement as to who can be the witness to sign the POA?

  1. is there any visa restriction, no family etc?
  2. If no, then, in that case, can my daughter (21) or my husband sign as a witness if I plan to transfer the POA to my sister?

Anyone who holds a valid US photo ID and has valid US address can be a witness.
The witness should not be a direct party or beneficiary in the POA too.

In your case, if POA holder is going to be your sister and ONLY you are the executant (the person who is giving away the signing rights), then your husband and daughter can be witness.

Not sure about the witness requirement. I got my power of attorney attested from Houston Consulate with no witness signatures on it.

That’s good.
The witness requirement is sometimes imposed by Indian registrar office too.

I am not sure, but you might face issues while registering it in India.

The Indian embassy here in US only attests the signatures and has nothing to do with the contents of the PoA. So, they may not be really interested in who signed apart from the PoA executor.

I have sent it to India for registering the same.
Will let you know how it goes

Sure. That would be great.

It is better to get the signatures here as they insisted to have witness signature in India
But they accepted the signature from two local people.

I also suggest that we have the witness signature to be done here.

Thanks for sharing the feedback Sudheer. We appreciate it.