Power of Attorney (Procura) is a legal document allowing the “principal” to bestow certain powers/faculties to the “Attorney/Proxy”, to act on the principal’s behalf. This document states exactly the powers and the limits the principal gives to the attorney; when granted for specific tasks and limited powers for the Attorney this instrument is defined Limited Power of Attorney (Procura Speciale) .
A Limited Power of Attorney must present a specific and rigid legal form, as this represents a mandatory requirement the document has to respect; Failure to respect this requirement might affect the validity of the Power of Attorney, making it unproductive of the desired juridical effects.
Public officers in charge to check the validity of a PoA have to make sure all the substantial and formal requirements are complying with the law.
PoA are generally revocable
By Law: in case of the Principal death or if the Principal is declared legally incapacitated
By the Principal: this can be done at any time by means of the same legal document used to confer it in first place.
PoA for Real Estate transaction in Italy
If the purchaser/seller cannot be in Italy for the execution of a notarial contract, it is possible to appoint a third person as Proxy. To be legal in Italy, a Power of Attorney must be signed. The document can be signed while you are in Italy, or if not possible, in your home country. If abroad, and depending on your home country, the document must be signed in the presence of a public official (typically a Notary) and or authenticated by an Apostille Certificate or Stamp.
The USA, UK and Australia have signed The Hague Convention of 5th October 1961 which abolished the Requirement of Legalisation for Foreign Public Documents. In any case, an Apostille Certificate or Stamp, also known as the Hague Apostille, is required as proof of authenticity.
Recent News & Events
Buying a castle in Italy: a prestigious asset and profitable business opportunity Imagine waking up in the morning and looking out the window to observe the rolling Tuscan hills bathed in sunlight or admiring the sunset reflecting on the crystalline waters of Lake Como. Imagine yourself starring in this [...]
Home buying & selling by foreigners in Italy: first-half 2023 ReportItaly continues to be a favorite destination for foreigners from all over the world to buy a house.In this first half of 2023, Tuscany remains the preferred region of foreign buyers (18% of requests) but it is the southern regions [...]
The controversy over the limits on short-term rentals in cities also involves the opposition between apartment owners within condominiums. A dispute that often ends up in the halls of our Courts. On the one hand, property owners who want to feel free to rent their real estate units as [...]
The mayor of Florence Dario Nardella has recently banned the use of residential homes for short-term tourist rentals within the entire UNESCO area of the historic centre. The purpose of the decision The purpose of the stop is to support locals to live in the historic center which today [...]
