In Uk a lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (the ‘attorneys’) to help you make decisions or to make decisions on your behalf. Such a power remains valid even after a donor loses mental capacity.
You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they’ll 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 doesn’t need to be resident in UK.
The special power of attorney (POA) for selling properties or for inheritance procedure in Italy is a ‘procura speciale’ that gives the attorney (procuratore) powers to act on behalf of the donor in a determined affair like the purchase of a property or for inheritance-related activities in Italy.
If you live in UK permanently or temporarily and you have to sell a house or start an inheritance procedure in Italy you have to go to the Italian notary to sign the contract for selling the property or for the inheritance procedure. If, for any reason (for example you have to work or you are elderly or you temporarily 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 Italian language, must be signed personally by you, notarised by a British 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.
We are solving the problems for many clients thanks the POA and we can help You too.
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Gianluigi Cassandra (Registered European / Italian lawyer in Manchester) and Simon D. Armstrong (Public Notary in Knutsford).