How It Compares to U.S. “Power of Attorney”(POA) and Why It Matters
If you’re buying property, incorporating a company, or handling legal matters in Italy from abroad, chances are you’ll need a procura speciale—a legal tool often misunderstood by non-Italians. While it’s sometimes translated as a “special power of attorney,” the Italian version is much more formal and specific than what many Americans are used to.
Here’s what you need to know.
What Is a Procura Speciale?
A procura speciale is a notarized legal document that grants someone the authority to act on your behalf for one specific legal act—such as signing a deed, forming a company, or accepting an inheritance. It’s task-specific, tightly worded, and expires when the task is completed.
It is typically required for:
- Real estate transactions
- Court appearances
- Signing contracts before a notary
- Submitting succession or tax documents
Unlike casual authorizations, a procura speciale is binding and must be drafted in formal legal Italian and signed before a notary public.
🔄 How It Differs from a
Procura Generale
A procura generale is like a general power of attorney: it allows the agent to act across a wide range of legal and financial matters on your behalf. It remains valid until revoked or expired and is used for broader, ongoing representation—such as managing assets or companies.
| Feature | Procura Speciale | Procura Generale |
|---|---|---|
| Scope | Single task | Multiple tasks |
| Duration | As stipulated | Usually ongoing |
| Requires Notary | Yes | Yes |
| Use Case | Real estate, inheritance | Business, asset management, elderly affairs. |
🇺🇸 How Italian Procure Differ from U.S. Powers of Attorney
While the concept is similar, there are key differences between Italian procure and U.S. POAs:
- Durability: In the U.S., POAs can be durable (remain valid after incapacity). In Italy, procure with few exceptions automatically expire if the principal becomes incapacitated.
- Medical Authority: U.S. POAs can include healthcare decisions. In Italy, medical authority is handled separately via advance directives (DAT).
- Formality: Italian procure are much more formal, notarized, and specific. A U.S.-style POA will not be accepted in Italy unless properly translated, notarized, and apostilled.
- Cross-border validity: A U.S. POA can only be used in Italy if it’s properly legalized (apostilled) and, in many cases, translated and reviewed by an Italian notary.
What About a Delega?
A delega is often confused with a procura, but it’s something entirely different.
- A delega is a simple authorization letter, typically used for minor tasks like picking up registered mail, submitting documents, or attending basic appointments.
- It doesn’t require a notary and has no legal standing in notarial acts or court matters.
| Feature | Procura Speciale | Delega |
|---|---|---|
| Legal Status | Formal legal act | Informal authorization |
| Requires Notary | Yes | No |
| Use Case | Real estate, legal matters | Post office, errands, delivering documents |
| Scope | Legally binding | Administrative only |
Bottom line: A delega is a note. A procura is a contract.
🧭 When Should You Use a Procura Speciale?
If you:
- Can’t travel to Italy for a closing
- Are incorporating a company remotely
- Need someone to sign notarial documents or act in court
- Are managing an inheritance or donation
…you’ll need a procura speciale. It allows a trusted person to act on your behalf in a legally valid way—just for that task, and nothing more.
🔐 Final Tips
- Sign your procura before an Italian notary, or before a U.S. notary with apostille and certified Italian translation
- Be specific—vague language may lead to rejection
- Consult an Italian notary or lawyer to ensure it’s valid for the intended act
- Contact us for a consultation about how to resolve your problems. We have a network of professionals to resolve every part of American life in Italy.
In Italy, legal precision matters. While a U.S. power of attorney might work for many things at home, it often won’t be accepted abroad unless adapted to the Italian system.
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