This site uses cookies to provide a better experience. Continuing navigation accept the use of cookies by us OK

Powers of attorney

 

Powers of attorney

The power of attorney is the legal instrument whereby a person (represented) confers onto another person (representative) the power to act in his/her name and account in the completion of legal acts, which will directly affect the mandator.

The powers of attorney may be special or general, depending on whether they are conferred to conduct specific tasks or to carry out activities not previously determined. The proxy will not take effect unless it is conferred in compliance with the legal requirements necessary for the act to be concluded.

Italian citizens who wish to contact the Consulate General to make a power of attorney will have to:

  1. Set an appointment through the “Prenot@mi” application system:
  2. Send the following information to montreal.notarile@esteri.it for himself and for the representative: name and surname (if married woman, surname of origin); date and place of birth; residence, including address; citizenship; Italian fiscal code.
  3. Specify the type of power of attorney (special or general) they wish to confer.

If a notary or lawyer in Italy has prepared a draft of the power of attorney, with all the necessary information, it should be attached to the e-mail in Word format.

Those who intend to confer a power of attorney must appear personally, on the day of the appointment, with a valid identification document.

For a special power of attorney, the applicable consular fee is Art. 18; consular fees Art. 17A and 25 of the table of consular fees apply for the general power of attorney. Payments are accepted only in cash in Canadian dollars.

Nota bene:

The powers of attorney relating to acts of division and donation (power of attorney to donate, power of attorney to accept a donation) must be drawn up in the presence of two witnesses, of Italian citizenship and with a valid document of identification (Italian identity card or Italian passport), not related to each other or to the mandator, and having no personal interest in the deed.

In the case of a special power of attorney to transfer ownership or other rights related to real estate, the latter must be identified with the correct cadastral information.

In the case of powers of attorney for matters of succession, the interested party must also provide: name and surname, date and place of birth, date and place of death, nationality, and last address of residence of the deceased.

Patrimonial deeds of persons married under the regime of community of property, must be signed by both spouses.

Those without Italian citizenship who need to make a power of attorney, or Italian citizens who wish to make a power of attorney with a notary or lawyer practicing in Canada, can contact such professionals whose signature is deposited at this Consulate General.

It is the responsibility of the applicant to provide for the translation of the power of attorney and its subsequent legalization at the Consulate General. A list of certified translators whose signatures are deposited at this Consular Office is available here.


368