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Power of attorney

Published on : 15/05/2024 15 May May 05 2024
PMT LEX

In Italy, lawyers do not have mandate ad litem to represent their clients in court. 

If you are thinking of taking legal action in any Italian jurisdiction, you need to plan ahead, as the lawyer must be in possession of a general or special power of attorney (article 83 cpc).

If the client is in Italy and can come to the lawyer's office in person, the lawyer will certify the authenticity of the signature affixed in his or her presence, by signing the power of attorney for authentication. 

If the client is outside Italy (which is the most frequent case with foreign clients), the power of attorney must be drawn up, depending on the case, either in authenticated form, or in the form of a private deed with signature authentication.

In all cases, the power of attorney must also be translated into Italian (or drawn up as a bilingual power of attorney) to be valid in Italy.

It must clearly mention the identification of the natural person by the competent authority (notary, ministerial officer, diplomatic representative, as the case may be) and the certification of the authenticity of the signature.

In certain cases, and for countries that have signed the 1961 Hague Convention, the power of attorney must also be apostilled. This is a stamp affixed by the competent authorities of the government of a signatory country to the Convention, certifying the validity of the document.

In certain cases, and for countries that are signatories to the 1961 Hague Convention, the power of attorney must also be apostilled. This is a stamp affixed by the competent authorities of the government of a signatory country to the Convention, certifying the validity of the document.

The authorities responsible for issuing apostilles are generally embassies, ministries, courts or local administrations. 
Beware of delays...
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