Power of Attorney
A Power of Attorney (POA) is a legal instrument giving one person (the agent) the power to act on behalf of another person (the principal) in private affairs, business or other legal matters (for example: sell or purchase, administer, make donations, accept donations, create or dissolve companies, request the publication of marriage banns, etc.)
There are two types of Power of Attorney:
- General POA: the principal entrusts to the agent the management of all his/her/their affairs, both present and future. A general POA is granted for an indefinite period of time.
- Special POA: the principal entrusts the agent with the management of a specific part of his/her/their affairs. The Special POA ceases in effect upon the conclusion of the task for which the POA was issued.
Both types of POAs may be revoked.
For Italian citizens only
If you need to draft a POA with validity in Italy, please send an email to consolare.ottawa@esteri.it with the following information: name and surname of the principal, date and place of birth, current address, and type of POA required.
The Consular Office will reply by providing further instructions depending on the type of power of attorney and by scheduling an appointment date and time for the in-person signature of the POA. Please bring a valid identification document with you.
The fee for the service is listed here.
(art. 17A for a general POA; art. 18A for a special POA, art.24 signature certification for a holograph POA).
For citizens of other countries (including Italy)
If you need to draft a POA with validity in Italy, you must do so with a Canadian lawyer/notary.
Following the entry into force in Canada of the Hague Convention on the Apostille (January 11, 2024), all notarial deeds to be enforced in Italy (general and special powers of attorney and other notarial deeds) drawn up by notaries public or lawyers MUST be APOSTILLED.
Apostille to be requested to the Ministry of Public and Business Service Delivery of Ontario if the document was issued or “notarized” in Ontario. Otherwise, to be requested to Global Affairs Canada
Notary Public listed at the following link https://ambottawa.esteri.it/wp-content/uploads/2024/07/Notai-e-Avvocati.pdf can draw up the power of attorney directly in Italian.
POAs in English or French must be translated into Italian.
For translation services you may contact:
- ATIO (Association of Translators and Interpreters of Ontario). For information about ATIO, visit the website www.atio.on.ca, call the 1-800-234-5030 or e-mail info@atio.on.ca.
The Consular Office will certify the translator’s signature.
You may make an appointment via the online reservation system Prenot@mi.
The fee for the service is listed here.
(art. 69 certification of legal instruments and signatures)
Payment in cash only, at the time of the service.
The translation can also be done in Italy.