A Power of Attorney in Italy, known as a Procura, is a legal document that allows a person (the principal) to appoint another (the agent or attorney) to act on their behalf in legal, financial, or administrative matters. For residents of England and Wales, executing a Procura correctly ensures that these powers are fully recognised and your interests are protected in Italy.

Types of Power of Attorney in Italy

There are two main types of Procura:

Procura Speciale (Special Power of Attorney)

This grants the agent authority to perform specific, clearly defined tasks. Typical uses include:

• Buying or selling property (houses, land, commercial premises)

• Withdrawing funds or conducting banking transactions

• Acting as legal representation in court proceedings

• Managing inheritance matters, including acceptance or renunciation

A Special Power of Attorney is transaction-specific, and its authority ends once the act is completed. It is particularly recommended for high-value or sensitive transactions, as it ensures control and limits the risk of overreach by the agent.

Procura Generale (General Power of Attorney)

This provides the agent with broad authority to act on behalf of the principal in almost all legal and financial matters, effectively creating a “virtual alter ego” in Italy.

Given its wide-ranging powers, a General Power of Attorney should only be granted after careful consideration and to a trusted agent. It is generally not recommended for property transactions, where a Special Power of Attorney is safer.

Professional guidance is essential: always consult a qualified Italian legal professional before drafting or executing a Procura to ensure full compliance with Italian law.

Granting a Power of Attorney from England and Wales

An Italian Power of Attorney may be prepared either by a qualified Italian lawyer or directly by an Italian Notary Public handling the matter in Italy. For residents of England and Wales, the document is usually sent from the Italian office to a Notary Public in England and Wales for review, notarisation, and legalisation.

Steps to Execute

Drafting the Procura

The document may be prepared in Italian or as a bilingual version (Italian and English). It is strongly recommended that the Procura be prepared in a bilingual format to ensure the principal fully understands the powers being granted and to minimise any translation issues. The powers granted should be clearly defined, including details of property, assets, or specific transactions.

The Power of Attorney can be prepared in its final electronic format in advance, allowing the principal. —and, if applicable, their Italian lawyer or Italian Notary Public—to review the document before signing the original in the presence of a Notary Public in England and Wales.

Documents Required

To execute an Italian Power of Attorney before a Notary Public in England and Wales, you will typically need to provide:

• Your original passport or, if you are an Italian citizen, your Carta d’Identità

• Proof of address dated within the last three months, such as a utility bill, bank statement, or official government correspondence

• Your Codice Fiscale

• Details of your appointed agent(s) in Italy, including name, ID/Codice Fiscale, and address

Notarisation

The Procura is signed in the presence of a Notary Public in England and Wales. The Notary will:

• Verify your identity

• Ensure you fully understand the powers being granted

• Witness your signature

The Notary may correspond with your Italian lawyer or Italian Notary Public to clarify any points and ensure that the document is fully compliant with Italian law before notarisation.

Hague Apostille

After execution, the Procura must be legalised with a Hague Apostille issued by the Foreign, Commonwealth & Development Office (FCDO), confirming the authenticity of the signature and the Notary’s seal for use in Italy. The notary can usually arrange the Apostille on your behalf for convenience.

Certified Translation (if required)

If the Procura is executed solely in English, a certified translation into Italian may be necessary for recognition in Italy. Preparing a bilingual version in advance usually eliminates this requirement and helps ensure the principal fully understands the powers being granted.

Delivery to Italy

The executed and Apostilled Procura is then sent to the appointed agent in Italy.

Options include:

• The appointed agent carrying it on travel from England and Wales

• A reliable courier service arranged by our office if the appointed agent are based in Italy and require the document quickly. Our office can dispatch the notarised and Apostilled Power of Attorney within 1–3 working days, ensuring prompt delivery to your agents.

Alternative Execution Options

Italian law also allows a Power of Attorney to be executed outside Italy through:

Local Notaries Abroad

• The Power of Attorney must comply with the law of the country where it is issued

• For recognition in Italy, it requires notarisation, verification of identity, Italian translation, and Apostille (and consular/legalisation if the country is not party to the Hague Convention)

Italian Consulates

Italian citizens abroad may obtain a Procura directly at an Italian Consulate. Documents issued in this way are automatically valid in Italy for property transactions, inheritance, banking, and legal representation.

Key consulates for residents of England and Wales include:

• Italian Consulate in London

• Italian Consulate in Manchester

Revocation of a Power of Attorney

A Power of Attorney can be revoked at any time unless expressly stated as irrevocable. Revocation is typically required when:

• The purpose of the Procura has been fulfilled

• Circumstances have changed

• The principal no longer trusts the appointed agent to act

Revocation must be executed through a notarial act and communicated to the agent and relevant third parties.

Steps to revoke a Power of Attorney:

1. Draft the revocation clearly identifying the original Power of Attorney and the parties involved.

2. Notarise the revocation before a Notary Public if the original Power of Attorney was notarised.

3. Notify the agent in writing, preferably via registered or certified mail.

4. Inform relevant third parties (such as banks, public offices, or counterparties) to prevent unauthorised actions being taken under the revoked authority.

Because revocation of a Procura may have consequences under Italian civil and administrative law, it is advisable to consult an Italian lawyer or Notary Public to ensure the revocation is properly recorded and effective in Italy. Coordination between your English and Welsh Notary and your Italian legal representative helps ensure the revocation is recognised without delay.

Legal Considerations and Risks

A Power of Attorney is a sensitive legal instrument that grants significant authority to another person. It is therefore essential to select a trustworthy and competent agent.

Ensure full compliance with Italian legal requirements and formalities, particularly when the document is executed abroad. Even minor drafting or translation errors can affect its validity in Italy.

For high-value or complex matters—such as property transactions, inheritance administration, or business representation—it is advisable to involve an Italian lawyer or Notary Public to confirm that the Procura meets all substantive and procedural requirements under Italian law.

Using generic templates, facsimile Powers of Attorney, or incorrectly translated documents can result in the Procura being declared invalid, potentially leading to legal or financial complications. Professional legal review and proper notarisation are essential safeguards.

Further Information

Residents of England and Wales who need to execute an Italian Power of Attorney should consult a qualified Notary Public or Italian legal professional to ensure that the Procura is correctly drafted, executed, and legalised for use in Italy. Coordinating between English and Welsh Notaries and Italian professionals helps guarantee that the document will be recognised and effective for its intended purpose.

Conclusion

An Italian Power of Attorney (Procura) is an essential instrument for anyone requiring representation in Italy. Whether using a Special Power of Attorney for a specific transaction or a General Power of Attorney for broader authority, careful attention to drafting, notarisation, translation, and legal compliance is crucial to ensure its validity and protect your interests.