Powers of Attorney in Italy
POWERS OF ATTORNEY AND PROXIES
Powers of Attorney (POA)
A local power of attorney is essential when a person owns property or resides abroad, as it allows a trusted representative to manage legal or financial matters in their absence.
Get help drafting foreign power of attorney
Court Appointed Guardians
In Italy, if a person becomes unable to manage their affairs and has no power of attorney, relatives must apply to the local Guardianship Judge to appoint an amministratore di sostegno (support administrator).
Get help applying to a court for a power of attorney
Medical Treatment Abroad
If someone living abroad can no longer manage their own affairs and wishes to return home, a trusted person can step in to handle practical matters like dealing with bureaucracy, selling property, closing accounts, or arranging travel.
Get help obtaining medical treatment or medical repatriation.
KEY LEGAL ISSUES
Foreign powers of attorney are not automatically valid across borders, and each country has its own rules on whether a foreign document will be accepted. Different powers of attorney are usually required for each country, which can create complexities in managing affairs across jurisdictions.
The following are a few key points to consider:
TYPES OF POWER OF ATTORNEY IN ITALY
THE "PROCURA"
In Italy, the main types of power of attorney are general, specific, and special.
A general power of attorney grants broad authority over financial and personal matters, while a specific power of attorney is limited to certain tasks. A special power of attorney is often used for specific legal procedures, such as property transactions or representation in court.
MANAGING PROPERTY FROM ABROAD
Having a local power of attorney is crucial for foreign property owners in Italy, as it allows a trusted person to manage urgent matters, such as property maintenance, legal issues, or financial transactions, in the event of an emergency.
The powers granted can be limited according to the person's wishes, ensuring control over what decisions can be made on their behalf.Without it, handling such matters remotely can be time-consuming and complicated, especially if legal or administrative actions are required urgently.
LEGAL AND TAX COMPLIANCE
A power of attorney is essential for ensuring legal and tax compliance in Italy, as it allows a trusted individual to handle administrative duties, such as filing taxes, responding to government requests, or representing the property owner in legal matters.
The powers granted can be limited according to the person’s wishes, providing control over what decisions can be made on their behalf. This process can be particularly difficult due to language barriers and Italy’s complex bureaucratic requirements, and failure to act in good time may result in fines.
MEDICAL TREATMENT
A local power of attorney for medical treatment is vital in Italy, especially in the event of an accident, deteriorating health, or when local medical care is insufficient.
It allows a trusted person to make medical decisions on your behalf, including authorising treatments or organising repatriation. Without it, relying on the Italian court system, which can be slow, may delay critical decisions and treatment.
