A power of attorney authorizes another person to act on your behalf and to carry out the actions necessary to achieve a specific purpose (e.g., selling or purchasing property, managing assets, making or accepting a donation, forming or dissolving a company, requesting marriage banns, etc.).
Powers of attorney fall into two categories:
General Power of Attorney
With a general power of attorney, the principal authorizes the agent to manage all present and future affairs. It is issued for an indefinite term and grants very broad powers. This type of power of attorney should be given only to someone in whom you have the utmost trust and requires two witnesses at the time of signature.
Special Power of Attorney
With a special power of attorney, the principal authorizes the agent to manage specific matters and perform actions aimed at a defined purpose (e.g., the sale of real property). A special power of attorney ceases to be effective once the specific task for which it was issued has been completed.
Procedure
If you wish to grant a power of attorney (principal), please email notarile.miami@esteri.it and attach:
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A draft prepared by an Italian notary or attorney, complete with all required details, in Word format; and
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A copy of your valid Italian passport.
Please also provide the following information for yourself, the agent, and any witnesses:
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Full name (if a married woman and documents show only the husband’s surname, include your birth/maiden surname)
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Date and place of birth
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Residence
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Citizenship
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Profession
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Italian tax code (codice fiscale)
Additional documentation may be required depending on the subject matter of the power of attorney.
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For real estate matters (transfer of ownership or other real rights), the property must be precisely identified, including cadastral information.
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For inheritance matters, please also provide the deceased person’s full name, date and place of birth, date and place of death, citizenship, and last address of residence.
Presence of the Parties / Witnesses
A notarial act cannot be executed by the consular officer unless the parties are present. Two witnesses are required in the following cases:
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General powers of attorney; donations; marital agreements and any amendments
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Declarations choosing the separation of property regime
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Where any party cannot read or write
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Whenever a party or the consular officer requests the presence of witnesses
After the documentation is reviewed, the principal must appear in person at the Consulate General with a valid ID and a money order to pay the applicable consular fee.
Some powers of attorney may also be signed at Honorary Consulates within the jurisdiction.
Note: Consulates do not provide legal advice and do not draft customized texts. The Consulate assumes no responsibility for the validity of texts prepared externally.
Revocation of a Power of Attorney
The person who granted a power of attorney may revoke it at any time, unless the document expressly states that it is irrevocable.
To request revocation, please email notarile.miami@esteri.it and attach:
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A copy of the power of attorney you intend to revoke or, if unavailable, all essential details (for example: the Consulate or Notary who executed the act, date of issuance, record number, and the agent’s complete personal details); and
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A photo ID (Italian passport preferred).
You are responsible for notifying the agent whose authority is being revoked, using a delivery method that verifiably ensures receipt.
If these formalities are not observed, the revocation may not be enforceable against third parties in any subsequent legal dispute.
Copies of Notarial Acts
To request a copy of a notarial act issued by this Consulate General, please email the Notary Office at notarile.miami@esteri.it and provide the identifying details of the act (type of act, date of issuance, and record number).
The officer in charge will reply with the information needed to finalize the procedure.