Lasting Power of Attorney

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04/27/2012 - 11:05

As I'm getting older and living alone in Italy I'm thinking about when I finally go doolally and can't take care of my own affairs.I have info about creating a lasting power of attorney if I and my daughter, who would have the power, are both resident in the UK but I understand that this is not the same if I am resident in Italy. Does anyone have experience or information as to what happens under these circumstances?

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The Lasting Power of Attorney is only valid for your attorneys to manage your property and financial affairs in the UK: one day Europe will standardise these as well as so many people have property to manage in more than one country now.  You can set this up even though you  are resident in Italy, it does not matter where it is signed.  In Italy if you have bank accounts or property which you would need assistance with managing, you can ask a Notary to prepare a general power of attorney, but this is not long lasting like the LPA and would lose effect if you were to lose mental capacity, and in that case a family member (any close relation up to first cousin, but not cohabitee), would need to apply to the court for an order to be appointed "amministratore di sostegno" (ADS), or in very serious cases a declaration of "interdizione".   The ADS could be used even if a person has mental capacity but is too unwell to manage their own affairs.  THese are being used more and more but it can still take many months to organise through the court. Charlotte