Power of Attorney in Italy: everthing you need to know

The Power of Attorney in Italy: what can lawyers do in Italy with your delegation

Since the Hague Convention, in October of 1961, abolished the Requirement of Legalisation for Foreign Public Documents, verifying legal documents has become easier. This means that any country who signed the convention—all countries that are part of the “Western” world have signed, though many African, Middle Eastern and Asian countries have not—have a simplified procedure for the legal validation of documents through what is called an Apostille, or Hague Apostille, which is provided through one of the various state departments concerned with foreign affairs (i.e. the US Department of State, UK Foreign and Commonwealth Office, or the Australian Department of Foreign Affairs and Trade).​

What does this have to do with granting the Power of Attorney (PoA)? Because PoA is a legal document, it will need to be verified for legality, i.e. stamped with an Apostille, in order to be used in Italy or any other country. Within the EU, some countries have bilateral treaties with each other through which an Apostille is not necessary, e.g. Italian citizens in Germany would not need an Apostille for his/her PoA document. It should also be mentioned that documents presented to Italian Consulates must be written in Italian as is required by Italian law. A PoA signed in front of a public officer and stamped with an Apostille in the US will be valid in Italy and vice versa. ​

What is the Power of Attorney?

Power of Attorney, or Procura in Italian, is a way of delegating your affairs to someone else. This person does not necessarily need to be a lawyer however, it simply means that the person designated with Power of Attorney has the legal capacity to act for another person, for better or worse. In effect, one person literally and legally gives their power to another person. 

How can the Power of Attorney be applied?

There are a number of reasons why a person may want to grant PoA. It can be issued for things including managing or selling of properties, making or accepting donations, managing bank accounts and investments, and even making medical decisions.
 
If you are curious about what a Power of Attorney document might look like, the Italian General Consulate of New York has provided several examples for different reasons on their official government website.

​Are there different types of Power of Attorney?

​There are two distinct types of PoA. The first, called General Power of Attorney (Procura Generale) entitles the designated person to do anything that you yourself could do. Special Power of Attorney (Procura Speciale), the second type, gives the person specific limited power, as mentioned above.
 
For example, if you happen to be the recipient of an Italian inheritance or bank account but are unable to travel to Italy for any number of reasons, it may be worth designating an Italian lawyer to handle the situation. Because of the Hague Convention, this can be done from the comforts of your home country.

What should I consider before appointing Power of Attorney?

Given the amount of power that you relinquish to another person, there are many factors that should be considered before signing anything. For that reason, it is very important, even when generally seeking legal advice, that you find a lawyer or trusted family member who is both an honest and competent person. Failure to do this may result in your being taken advantage of as has happened with a number of disreputable lawyers in the United States. 

Can the Power of Attorney be revoked?

It​A Power of Attorney document can, in fact, be revoked for a few reasons. Among the reasons are the death of the “principal” (the person who signed the original document) or if the principal becomes mentally incapacitated, for instance, through a severe medical condition. A PoA document can also be assigned a limited time frame which is automatically revoked at the end of its duration; or, it can be nullified through the same document that was used to issue it in the first place.
 
Power of Attorney is a rather delicate matter insofar as it requires careful consideration of the person to whom it is assigned. In some cases it may not even be necessary, but for others it goes a long way towards facilitating certain lengthy legal processes, especially those that are international. 

Check also our video about writing your will in Italy below, or how to add your Iban to the official Italian revenue Agency website.

Check also our articles about Italian bank accounts, cassetto fiscale, and open a business in Italy.