Lasting Power of Attorney

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Lasting Power of Attorney

Post by Hazy on Sun Aug 10, 2014 1:42 pm

I'm an Italian resident but want to set up my daughter with Legal Power of Attorney - both health and finance. I want to do it in the UK as my main bank account is there. I have no UK property but an apartment and small bank account here in Italy. When the worst happens will my daughter be able to use her UK POA for the Italian stuff or do I have to try and sort something out here? Any experience and advice will be most helpful! Thanks

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Re: Lasting Power of Attorney

Post by stevegwmonkseaton on Sun Aug 10, 2014 9:48 pm

A very specific and rather daunting question Hazy, which I guess not many here (if any apart from perhaps Charlotte)  could answer.  You may well have looked this up, but just in case Law Society LINK . If this is needed, and I sincerely hope not, then I'm sure you do realise you need professional advice. Sorry if I've picked this up wrong, but I don't feel it should go unanswered for any length of time. If nothing else my answer at least raises the subject again.

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Re: Lasting Power of Attorney

Post by modicasa on Mon Aug 11, 2014 4:59 am

Any POA from outside Italy must be translated and legalised to have value.  For my clients I tend to use an Italian POA, translated back into English - and then you know it will be valid and cover all the salient points.   General POA's are difficult - as they (according to Italian law) give too much power to the holder - and they prefer very specific ones - e.g. - to sell a house, to  buy a car etc.  A general one is wordy and if its lacking any power that you would need in Italy - such as change the locks- then it has no power at all.

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Re: Lasting Power of Attorney

Post by Angela Fuller on Mon Aug 11, 2014 6:03 am

I thought a POA is a person selected by you and legally acepted as someone who can make decisions and sign documents on your behalf if you for whatever reason are unable to do so.   If you are married is it necessary to give POA to someone if your spouse is living and of sound mind ?
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Re: Lasting Power of Attorney

Post by Gala Placidia on Mon Aug 11, 2014 6:04 am

There are different types of power of attorney, not only in Italy, but internationally. A general power of attorney lasts as long as the person granting it is alive, or the power is revoked. Unfortunately, we do not have as yet a power of attorney valid throughout the EU, although it is on the "to do" list. To be able to use it in another country, the document must be legalized (or apostilled) and officially translated. Consulates can help . This link from Charlotte's own web may help http://www.oliverpartners.it/power-of-attorney-for-use-in-italy/
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Re: Lasting Power of Attorney

Post by Gala Placidia on Mon Aug 11, 2014 6:26 am

Another way to cover your UK bank account would be to add your daughter as an authorized signatory. Talk to your bank. Then, you would only need an Italian general power of attorney.
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Re: Lasting Power of Attorney

Post by Angela Fuller on Mon Aug 11, 2014 6:30 am

Ok, Keeping it simple....In what circumstances do you need to give someone the POA ?
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Re: Lasting Power of Attorney

Post by Admin on Mon Aug 11, 2014 9:26 am

Angela, if you or your husband passed away then the surviving spouse as next of kin can make funeral arrangements, deal with the bank etc. The problems arise when a couple is unmarried as the deceased's next of kin will be his closest living relative and their 'partner' does not count. In these circumstances the next of kin may well be in the UK (or home country) and a POA is required to settle any funeral arrangements, inheritance etc in Italy.
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Re: Lasting Power of Attorney

Post by Angela Fuller on Mon Aug 11, 2014 9:52 am

As I thought Penny....thx for confirming.....bet you are at the beach today....sooo hot out ....
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Re: Lasting Power of Attorney

Post by Gala Placidia on Mon Aug 11, 2014 11:18 am

Careful! The general power of attorney must specify that it includes funeral arrangements and dealings with bank, etc, AFTER the death of the grantor. Otherwise, the POA is cancelled by the death of the grantor and the person authorized to take over is the Executor of the Will, which becomes quite complicated. Having a joint bank account will be helpful as most banks will cooperate by not totally freezing the account. Wow! This topic is becoming quite depressive !  Sad
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Re: Lasting Power of Attorney

Post by Flip on Mon Aug 11, 2014 11:20 am

In my experience, I would recommend getting POA/Procura done in the UK and in Italy so as to avoid any possible confusion on translations.
We all know what it's like here and if a molehill can be turned into a mountain we have just the guys who can do it.
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Re: Lasting Power of Attorney

Post by lancashire lass on Mon Aug 11, 2014 11:39 am

I don't know if it is common but when my brother in law died recently (in Italy) the bank froze the joint bank account. That doesn't happen in the uk.

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Re: Lasting Power of Attorney

Post by Admin on Mon Aug 11, 2014 11:48 am

That seems to be the procedure here in Italy Lancashire Lass. It gets frozen until the Successione (legal inheritance procedure) is done
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Re: Lasting Power of Attorney

Post by Hazy on Mon Aug 11, 2014 1:25 pm

Good points, everyone. I know it is depressing but not getting this organised can cause horrendous problems.
Thanks again.

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Re: Lasting Power of Attorney

Post by Gala Placidia on Mon Aug 11, 2014 6:52 pm

I found this link which contains relevant information: http://www.notariato.it/en/services-for-the-public/foreigners/notary-foreigners.html
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Great link ....

Post by stevegwmonkseaton on Mon Aug 11, 2014 8:30 pm

Gala Placidia wrote:I found this link which contains relevant information: http://www.notariato.it/en/services-for-the-public/foreigners/notary-foreigners.html

Great link....

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Re: Lasting Power of Attorney

Post by ghiro on Mon Aug 11, 2014 8:56 pm

Agreed  Smile  Smile 

Thanks GP.
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Re: Lasting Power of Attorney

Post by Gala Placidia on Mon Aug 11, 2014 9:10 pm

Glad to help.The link contains many interesting pages... and in English!  Very Happy
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