I’m having a notarized power of attorney drawn up to obtain a nulla osta al seguito for my husband and children. The notary refuses to include my husband — says he’s legally capable, so he can’t be included in the power of attorney. But he’s coming as the accompanying person. Do I need to make a separate power of attorney for him?
Check the wording of the power of attorney — you are authorizing a third party to submit the document on your behalf. The spouse and children are included only as reference information; no authority is being re-delegated to them. If the notary insists that the husband cannot be mentioned at all, but the wording of the power of attorney does not support that — change the notary.
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Thanks for the tip. Did you do that yourselves by changing the notary, or was the text accepted as is in the end?
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The assistant sent us the power of attorney text already in Italian — the translator’s task was not to distort the wording concerning the specific actions being entrusted. If the notary is disputing specifically the mention of the husband, the issue is most likely with the wording, not with any fundamental impossibility. I would ask to be shown the exact phrase he objects to.
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We had a power of attorney, but it specifically stated the right to represent my wife’s interests at the Italian embassy and visa centres — not just a generic line about documents, but explicitly with those authorities. Then a letter arrived saying they only accept relatives — although by that time everything had already been processed. So I never figured out what the real rule is.
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When I was sorting out the nulla osta, we also had confusion about who had to submit what. My husband went to the commissariat himself, and it turned out he doesn’t need a separate power of attorney at all — he’s competent and is present in person. A power of attorney is only needed if someone acts for you while you’re absent. If my husband is in Italy, he goes to the commissariat himself without any power of attorney.
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I made the document for my husband that the consulate requested — not a notarized power of attorney, just a signed statement. It was accepted everywhere afterwards. But that was for the visa stage. The nulla osta al soggiorno (permission to stay clearance) is submitted at Sportello Uno — the applicant goes there in person or a representative with a power of attorney. My husband is listed there as a family member; no rights are transferred to him. The notary is confusing the roles.
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We applied from Israel — my husband as the lead applicant, with us as accompanying family members. The entire submission went smoothly, without powers of attorney for the accompanying persons. They are simply listed on the application; no rights are transferred to them — “a third party who files documents on your behalf” and “family members” are completely separate fields in the document.
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At Sportello Uno they didn’t worry about it at all — the assistant showed up with a kit package, and all family members were listed on the application as part of the request. In Savona we weren’t asked a single question about powers of attorney for accompanying persons.
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The notary is technically right about the legally competent person — you don’t, in fact, draw up a power of attorney for someone to perform their own actions. But the husband here isn’t the subject of the power of attorney — he’s simply listed on the application as a family member; no rights are transferred to him. The power of attorney is needed by that third party who files the documents for you at the sportello unico, that’s all.
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