General Power of Attorney
A general power of attorney allows family members to assist individuals who are experiencing difficulties due to advanced age or health problems. However, it is important to arrange it in advance.
The authority to carry out legal acts in the name and on behalf of another person often makes it possible to overcome the mobility difficulties that elderly individuals or people suffering from certain medical conditions may face. The law provides the legal instrument of a general power of attorney, which may be used to sign a wide range of legal acts and documents, even where a simple authorization would not be sufficient, and without the need to obtain a separate specific power of attorney for each individual transaction.
For this reason, it is common for families to prepare a general power of attorney as a preventive measure—for example, parents of an advanced age granting one in favor of their children, or one spouse granting it to the other. It is essential to do so before circumstances arise that could make it difficult, or even impossible, to execute the general power of attorney before a notary public. Therefore, it is advisable to plan ahead in order to prevent future difficulties.
A general power of attorney is a highly flexible legal instrument and may be drafted so as to authorize the attorney-in-fact to perform almost all legal acts. Certain acts are excluded by law, however, such as making a gift (donation) or executing a will, both of which must be carried out personally by the individual concerned.
A general power of attorney may therefore be used for the management, purchase, or sale of real estate of any kind; for transactions involving bank accounts and financial investments; for entering into virtually any type of contract; and for dealings with the Italian Revenue Agency, social security institutions, and public authorities in general.
The person granting the power of attorney may also choose to limit its scope to specific categories of legal acts or contracts. For example, they may exclude the authority to enter into mortgage agreements, provide guarantees, or apply for loans. The document can therefore be tailored to meet the specific needs and wishes of each individual.
Notaio Paolo Tonalini
Via Dallagiovanna 16 – 27049 STRADELLA (PV)
Tel. 0385-48564 – Fax 0385-43443
Viale Cesare Battisti 17 – 27100 PAVIA
Tel. 0382-530207 – Fax 0382-306455
notaio@tonalini.it
https://www.tonalini.it/
