Power of Attorney (Prokura)

A power of attorney (mandate), known in Maltese as a “prokura,” is a legal document via which one person appoints another to carry out specific tasks on his or her behalf.

A power of attorney may be general, in which case the mandatory may act in the mandator’s name and on his or her behalf in any circumstance, or specific, in which case the mandatory may only act on behalf of the mandator in circumstances that are expressly stated in the power of attorney.

Frequently asked question:

With six other people, I am a co-owner of an inherited property that is up for sale. I’ll soon be relocating abroad, thus I won’t be able to attend any potential sales in Malta. Should I provide a family member general power of attorney?

A power of attorney is the greatest tool for you if you won’t be present when a buyer is located and you wish to sell your portion of the property. Be mindful, nevertheless, of the distinction between a general and special power of attorney. A general power of attorney allows the attorney to act on your behalf in any situation, whereas a special power of attorney is only effective for the particular actions listed therein. If you give the attorney permission to sign the final deed of sale and any promises of sale on your behalf, to make any guarantees regarding the sale of the property on your behalf, to gather your portion of the proceeds, and to pay any taxes due on your behalf, your needs can be satisfactorily met. Consequently, a separate power of attorney appropriate just for these actions would be sufficient.

At SBC Notaries we:

• Provide legal guidance on the creation of a power of attorney.
• We draft a power of attorney.
• We register a power of attorney in notarial records for future reference.

Need professional assistance? Contact or call us directly on +356 99446815 for an immediate appointment.