In the UK a lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) to appoint one or more people (the ‘attorneys’) to help the donor to make decisions. Such a power remains valid even after a donor loses mental capacity.

The Special power of attorney (POA) with validity in Italy is a ‘procura speciale’ that gives the attorney (procuratore) powers to act on behalf of the donor in a determined affairs like, for e.g. the purchase of a property or for inheritance-related activities in Italy.

If you live in the UK permanently or temporarily and must, for e.g. to sell a house in Italy, you have to go to the Italian notary to sign the contract for selling the property. If, for any reason (for example you have to work or you are elderly or you are sick), you can not go to Italy, you can appoint an attorney who represents and acts on your behalf before the Italian notary.

The special power of attorney, written in the Italian language, must be signed personally by you, notarised by a British public notary and an apostille must be applied to it. The apostille is an additional authentication required for international acceptance of notarized documents including the POA.

You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they will make decisions separately or together.

Your attorney needs to be 18 or over. Everybody could be your attorney: a relative, a parent, the partner or a professional, for example a lawyer. The attorney does not need to be resident in Italy.

We are connected with British notaries and we can offer you general legal advice about drafting a power of attorney with validity in Italy.

Contact us at any time for further information.

Gianluigi Cassandra (Freelance Solicitor and Avvocato Cassazionista)