Power Of Attorney Essentials

You may need to handle affairs or sign documents in Italy while living overseas. If so, the best solution would be to entrust someone to act on your behalf: this option is called "power of attorney." Let's look at it in simple terms, how it works, and what's needed to obtain it.

What is a Power of Attorney?

A power of attorney (POA) is a document whereby one person (called the "principal") authorizes another person (called the "attorney") to carry out one or more affairs on their behalf. Put it simply, you give someone the legal power to act as if they were you.

What is it for and how does it work?

With a power of attorney, the attorney can sign contracts, sell or buy goods, collect money, or handle bureaucratic procedures. The attorney's power is limited to the scope set out in the document providing that power and is fully legally enforceable as if it had been performed by the principal in person.

Form of Power of Attorney

The power of attorney must be drafted in the same form as the act to be made on behalf of the principal.

For example, a POA issued to sell a property shall be notarised.

In case of simple transactions, a mere written document signed by the principal would do.

Revocation and Duration

A power of attorney may not be issued for an indefinite period of time.

It can be revoked at any time by the principal, unless the power was also granted in the interest of either the attorney or a third party.

Furthermore, the power of attorney shall automatically terminate if one of the parties either dies or becomes incapacitated.

Different Powers of Attorney

There are two main powers of attorney:

• Special Power of Attorney: That is used to carry out a single transaction or a specific affair, i.e. the sale of property or the collection of a sum. It is limited in time and scope.

• General Power of Attorney: that would provide the attorney with the power to handle all the principal's day-to-day business. It is broader and more endurable, requiring great trust, as the attorney will be able to manage many activities on the principal's behalf.

How to obtain a Power of Attorney from Australia for Italy

If you live in Australia and need representation in Italy — for example, to sell a house, distribute an inheritance, or to be represented in a Court case — you can obtain a Power of Attorney that is enforceable in Italy.

This document should be drafted in Italian. POA drafted in English shall be translated into Italian. The POA can be signed before an Australian notary public, or Italian Consular Officer (if you are an Italian citizen).

Then, the Power of Attorney must be Apostilled.

The Apostille is a certification issued by the Department of Foreign Affairs and Trade (DFAT) confirming the authenticity of the notary's signature and stamp. Without an Apostille, the Power of Attorney cannot be enforced in Italy.

The original Apostilled POA shall be sent to the attorney who will use it to carry out the affair/s on your behalf.

In summary

A Power of Attorney is a practical and safe tool for managing your interests in Italy. It allows you to save time and money delegating the execution of a legal act on your behalf to a trusted local person.