November 1, 2011, 12:42 am
A power of attorney in Italy grants a person the right to represent another individual and act on behalf of their interest in all needed circumstances. If one cannot be present during negotiations of a transaction or for the signing of documents, it is necessary to appoint a third party that represents him in that specific situation. It is important that the grantor chooses a person they trust in order not to risk. The attorney can be either a lawyer or a person the grantor appoints. It is important that the power of attorney in Italy is signed in front of a notary in order to be valid. A power of attorney in Italy can be as wide or as strict as the grantor desires.
Foreign individuals who need a power of attorney in Italy can choose to sign this type of document in their own country. However, some conditions have to be met in order for the power of attorney to be valid in Italy. One option is to sign the power of attorney in the home country in front of a public notary and then have an Apostille attached to the document for certification. The Apostile is generally provided by the Secretary of State’s office. Another option for power of attorneys completed abroad is to have the document signed at the Italian Consulate in the specific country. It is compulsory that the document is translated into Italian.
One special type of power of attorney in Italy is the general durable power of attorney effective at a future time, with the power to handle assets or represent the grantor for a lifetime. The opposite is the limited power of attorney in Italy, known as procura speciale. The choice for one type of power of attorney in Italy or the other is a matter of trust in the individual who receives the authority to act on behalf of the grantor.
Modification or termination of a power of attorney in Italy must be made known to the third party by appropriate means, such as a written notice saying that their power has ended. Otherwise, full power of attorneys in Italy are ended only at the time of death of one of the parties.
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