Forms and Instructions available for this service:
- Form for General Power of Attorney
- Form for Power of Attorney for purchase of real estate
- Form for Power of Attorney for sale of real estate
- Form for Power of Attorney for inheritance
- Form for Power of Attorney for acceptance of donation or to donate
- Form for Power of Attorney for purchase/sale of motor vehicle
- Form for Power of Attorney for litigation
- Draft of personally written document for Power of Attorney for purchase of real estate*
- Draft of personally written document for Power of Attorney for sale of real estate*
- Draft of personally written document for Power of Attorney for inheritance*
- Draft of personally written document for Power of Attorney for purchase/sale of motor vehicle*
- Apostille – Contacts of Secretaries of State
- Information on the procedure to validate for use in Italy a document authenticated by a US Notary Public
* The Consulate does not take any responsibility for the legal validity of the documents that are not prepared by Consular officials themselves.
The Power of Attorney is a document authorizing one person to act on behalf of another person, to take the necessary measures to achieve a particular goal (e.g. sell, buy, manage, make a donation, accept a donation, set up or close a company, request the posting of marriage bans, etc.).
Powers of Attorney are divided into two categories:
General Power of Attorney: with this document a person entrusts the management of all of his/her present and future affairs to the attorney or agent. The General Power of Attorney is issued for an indeterminate time and assigns extensive power to the agent who becomes similar to an alter-ego of the principal. Such power should be assigned only to persons of maximum trust.
Special Power of Attorney: with this document a person entrusts the attorney or agent with the management of part of his/her affairs. The Special Power of Attorney is valid only up to the conclusion of the specified event (for eg. the sale of an apartment). For some types of letters of attorney, such as a donation, the law requires a public act.
If the principal acts on behalf of a company, that person must prove the legal existance of the company and the position held within it.
It is important to note that for all the legal property documents issued by a married couple, those documents must bear the signature of both spouses. According to law, community of property is the norm. If the Italian citizens were married in Italy and opted for separate property, the signature of both spouses is not required. The State of California does not make provisions for such a possibility. In Italy the regime of community of property excludes the following property, because it is considered personal:
- Property that before marriage belonged to the spouse, or to which the spouse was entitled by right of a beneficial right;
- Property that was acquired after the marriage through donation or inheritance and the act of gifting or the will does not specifically state that they are entitled to the community of assests;
- Property that is of personal use of each spouse and their accessories;
- Property that is necessary for the spouse to perform his/her profession;
- Property that was obtained as restitution for damages, and a pension deriving from a total or partial disability;
- Property purchased with funds from the transfer or exchange of the above-mentioned property.
The most common typologies of Special Power of Attorney are:
- Power of Attorney for purchase of real estate
- Power of Attorney for sale of real estate
- Power of Attorney for inheritance
- Power of Attorney for acceptance of donation
- Power of Attorney for purchase/sale of motor vehicle
- Power of Attorney for litigation
POWER OF ATTORNEY FOR PURCHASE OF REAL ESTATE
This Power of Attorney allows the applicant to delegate a person in Italy to purchase property (parcel of land, appartment, etc.)
It is possible to obtain such a Power of Attorney as follows:
- Without coming personally to the Consulate, through a Notary Public: in this case it is necessary to have the signature on the document, drafted personally (facsimile*) or by your attorney*, authenticated by a Notary Public and then obtain an Apostille from the Secretary of State (of the State where the Notary Public is certified to operate).
For more information regarding this procedure see the following link.
For adddresses and contacts of the Secretaries of State in the San Francisco consular jurisdiction see the following link. - At the Consulate through a Public Act: it is necessary to contact the Notary Office in advance to schedule an appointment and subsequently send the following form.
- At the Consulate through a personally written document (facsimile) : it is possible to come to the Consulate just for the authentication of the signature, with the Power of Attorney already written by the applicant. It is, nevertheless, recommended to schedule an appointment in advance, to send via e-mail a draft of the document beforehand to the Notary Office and to bring an electronic copy to the Consulate, in case modifications are needed.
* The Consulate does not take any responsibility for the legal validity of the documents that are not prepared by Consular officials themselves.
POWER OF ATTORNEY FOR SALE OF REAL ESTATE
This Power of Attorney allows the applicant to delegate a person in Italy to sell property (parcel of land, appartment, etc.)
It is possible to obtain such a Power of Attorney as follows:
- Without coming personally to the Consulate, through a Notary Public: in this case it is necessary to have the signature on the document, drafted personally (facsimile*) or by your attorney*, authenticated by a Notary Public and then obtain an Apostille from the Secretary of State (of the State where the Notary Public is certified to operate).
For more information regarding this procedure see the following link.
For adddresses and contacts of the Secretaries of State in the San Francisco consular jurisdiction see the following link. - At the Consulate through a Public Act: it is necessary to contact the Notary Office in advance to schedule an appointment and subsequently send the following form.
- At the Consulate through a personally written document (facsimile): it is possible to come to the Consulate just for the authentication of the signature, with the Power of Attorney already written by the applicant. It is, nevertheless, recommended to schedule an appointment in advance, to send via e-mail a draft of the document beforehand to the Notary Office and to bring an electronic copy to the Consulate, in case modifications are needed.
* The Consulate does not take any responsibility for the legal validity of the documents that are not prepared by Consular officials themselves.
POWER OF ATTORNEY FOR INHERITANCE
This procedure allows the applicant to delegate a person in Italy to represent him/her in the inheritance procedure of a relative, or a person of whom the applicant is a legitimate heir.
It is possible to obtain such a Power of Attorney as follows:
- Without coming personally to the Consulate, through a Notary Public: in this case it is necessary to have the signature on the document, drafted personally (facsimile*) or by your attorney*, authenticated by a Notary Public and then obtain an Apostille from the Secretary of State (of the State where the Notary Public is certified to operate).
For more information regarding this procedure see the following link.
For adddresses and contacts of the Secretaries of State in the San Francisco consular jurisdiction see the following link. - At the Consulate through a Public Act: it is necessary to contact the Notary Office in advance to schedule an appointment and subsequently send the following form.
- At the Consulate through a personally written document (facsimile): it is possible to come to the Consulate just for the authentication of the signature, with the Power of Attorney already written by the applicant. It is, nevertheless, recommended to schedule an appointment in advance, to send via e-mail a draft of the document beforehand to the Notary Office and to bring an electronic copy to the Consulate, in case modifications are needed.
* The Consulate does not take any responsibility for the legal validity of the documents that are not prepared by Consular officials themselves.
POWER OF ATTORNEY FOR ACCEPTANCE OF DONATION
Powers of Attorney concerning donations are drafted through a Public Act, in the presence of two witnesses. It is up to the applicant to find such witnesses (without any family relationship to the applicant) and bring them to the Consulate in order to act as witnesses.
This procedure allows the applicant to delegate a person in Italy to represent him/her in the acceptance of donation or to donate.
It is possible to obtain such a Power of Attorney as follows:
- At the Consulate through a Public Act: it is necessary to contact the Notary Office in advance to schedule an appointment and subsequently send the following form.
POWER OF ATTORNEY FOR PURCHASE/SALE OF A MOTOR VEHICLE
This procedure allows the applicant to delegate a person in Italy to represent him/her in the sale of a motor vehicle.
It is possible to obtain such a Power of Attorney as follows:
- Without coming personally to the Consulate, through a Notary Public: in this case it is necessary to have the signature on the document, drafted personally (facsimile*) or by your attorney*, authenticated by a Notary Public and then obtain an Apostille from the Secretary of State (of the State where the Notary Public is certified to operate).
For more information regarding this procedure see the following link.
For adddresses and contacts of the Secretaries of State in the San Francisco consular jurisdiction see the following link. - At the Consulate through a Public Act: it is necessary to contact the Notary Office in advance to schedule an appointment and subsequently send the following form.
- At the Consulate through a personally written document (facsimile): it is possible to come to the Consulate just for the authentication of the signature, with the Power of Attorney already written by the applicant. It is, nevertheless, recommended to schedule an appointment in advance, to send via e-mail a draft of the document beforehand to the Notary Office and to bring an electronic copy to the Consulate, in case modifications are needed.
* The Consulate does not take any responsibility for the legal validity of the documents that are not prepared by Consular officials themselves.
POWER OF ATTORNEY FOR LITIGATION
This Power of Attorney allows the applicant to delegate a person in Italy (generally an attorney) to represent him/her in legal procedures, such as lawsuits, appeals, etc.
– At the Consulate through a Public Act: it is necessary to contact the Notary Office in advance to schedule an appointment and subsequently send the following form.
For procedures requiring Powers of Attorney different from those listed on this website please contact the Notary Office by e-mail (notarile.sanfrancisco@esteri.it).