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Power of Attorney - Procura

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Post by Flip Tue Mar 17, 2015 7:51 am

Hey guys, we have a friend in the USA whose house we look after and due to the arrival of Racomandata and also the need to sign some papers with the Comune on their behalf find that we need to get some sort of Power of Attorney in place. The problem being that they only come over to Italy once a year in September and we need something in place ASAP, so does anyone on our learned forum know if they can get a sort of International Notorised one done in the States (with Italian translation of course) and send it over or do they have to get on a plane and go through all the expense of having one done by a Notario here.
Any guidance much appreciated.  
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Post by stevegwmonkseaton Tue Mar 17, 2015 9:03 am

I'm sure there are others here that can answer this one. We know from the English girl who worked for our estate agent that she often acted on peoples behalf, but we did not go down that road.
One other thing from our experience with our solicitor who worked part of the time here and the rest in New York (American Italian returned home part time), is it not possible there is an Italian registered Notario in the USA nearby? Just a thought.

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Post by stevegwmonkseaton Tue Mar 17, 2015 9:53 am

If you have not already found it, this LINK might be of some use...

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Post by lancashire lass Tue Mar 17, 2015 1:13 pm

Hi Flip are your friends Italian? if they are they can get the consulate to do a procura, we have had to do this quite a few times.

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Post by Flip Tue Mar 17, 2015 1:42 pm

No LL they are Irish and Finish, but work  for the UN. Thanks for the link Steve very useful.
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Post by modicasa Tue Mar 17, 2015 6:14 pm

They can do a procura iin the Us and then it can be translated in Italy or in the Us.  But it must have a postilla and the transaltion must inckude the postilla.  To be honest its best to provide a procura in Italian, so it says all the right things then sign the translated kEnglish version in the Us with the Italian 'translation'.
If they work for the UN they are presumably in NY, in which case there is an Italian notary who can do the whole thing who works in Ny.  and the consulate isnt useless.  If theyre in LA avod the consulate if at all possible.

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Post by Flip Wed Mar 18, 2015 8:03 am

Thanks Modi,do you by any chance have the contact details for that Italian Notary?
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Post by The Original Relaxed Wed Mar 18, 2015 9:59 am

I agree with modicasa that the procura should be originated in Italian, but more importantly it should be written by someone who knows exactly what you want to do on behalf of your friends (or more precisely what your friends want you to be able to do for them). They are rather precise documents, and if every eventuality isn't covered the procura won't work!
There is an alternative for some circumstances (dealing with utilities, banks, post, and some parts of comuni for example), a much simpler document - a straightforward delega. You might like to look into whether you actually need a formal notarised procura, or whether a delega - which you can download a 'pattern' for off the internet - (basically saying I, Finn, authorise Flip to do "x" on my behalf) would suffice.
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Post by Flip Wed Mar 18, 2015 12:11 pm

Thanks Lax, I had heard of of Delega, but was not sure of it's effect. It is basically to cover Banking, Picking up Racomandata and getting some documents from the Comune; but I suspect that it would still need to be countersigned or Notarised by the Italian Consulate No?
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Post by modicasa Wed Mar 18, 2015 2:16 pm

A delega will be adequae fo most things, eg raccomandata, comune, bills.  The bank will require their presence to set up the delega, and from then on its down to you.  Again the delega must be very specific as to what you can do as delegato, eg pay bonifici up to 2000 euro.  or withdraw cash up to 500 euro per month, etc.

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Post by Flip Wed Mar 18, 2015 4:00 pm

Thanks Guys, have downloaded a couple of Delega forms from T'Net and told them to get it filled out with the aid of a friendly Italian speaker and clearly specify what they are allowing. cheers
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Post by modicasa Wed Mar 18, 2015 7:47 pm

Dont forget scans of their and your id and a copy of their act of sale which shows them as owners.

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Post by The Original Relaxed Wed Mar 18, 2015 8:15 pm

Yes, ID card (passport) scans will be vital. It would also be sensible to run a 'sample' delega past whatever authority you need to deal with to make sure it's going to be acceptable. (Nothing will be acceptable to Sky Italia Sad)
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Post by Flip Thu Mar 19, 2015 8:41 am

Same as Vodafone Lax, they refuse to acknowledge any communication from them or us, yet their Contract had been cancelled with Vodafone back in January. I think the large organisations the world over just ignore any form   relating to cnacelled contracts, I remember I had lengthy run ins with O2 in the UK.
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