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Senior Living Kerala

If I'm Buying Remotely, Who Does the Physical Due Diligence on My Behalf, and What Power of Attorney Do I Need?

If you can't visit in person, you need someone you trust to physically verify the property and, separately, a properly executed Power of Attorney (POA) if you want someone in India to sign documents on your behalf. These are two different things — a trusted person doing due diligence for you doesn't need a POA if they're just visiting and reporting back; a POA is specifically needed if that person (or anyone) is going to execute legal documents in your name.

Physical due diligence without a POA

A family member, friend, or a paid local due-diligence service can visit the property, check the registration documents, do the site-visit checklist, and speak to current residents — none of this requires a POA, since they're not signing anything, just gathering information and reporting back to you.

Power of Attorney for signing documents

If you want someone in India to actually sign the purchase agreement, registration documents, or the care contract on your behalf, you need a POA specifically authorising that. This is typically executed abroad, notarised, and then — depending on the country — either apostilled (for countries party to the Hague Apostille Convention) or attested at the Indian consulate/embassy before it's valid for use in an Indian registration or transaction. Requirements vary by country and by the specific registrar's office handling your transaction, so ask the developer's or operator's own lawyer what exact format and attestation they require before you execute anything, rather than assuming a generic template will be accepted.

If the POA holder and your named nominee (for the care contract or any account) are different people, be explicit with the operator about which role each person has — a POA lets someone sign documents on your behalf; a nominee is who the operator will hand money or belongings to under specific circumstances (see what happens after the resident passes away). These are not the same authority, and conflating them can create confusion exactly when clarity matters most.

This guide is provided for general information and research purposes. It is not legal, tax or financial advice. Rules can depend on the specific type of property, operator, agreement and individual circumstances. Where a decision involves a substantial sum, inheritance, tax or contractual dispute, get advice from a lawyer or chartered accountant who can look at your specific documents. POA execution and attestation requirements vary by country and by the specific Indian registrar involved — confirm the exact requirements with the developer's or operator's lawyer, or your own, before executing any document.