With judgment nos. 2075 and 2077 of 19 January 2024, the United Sections of the Supreme Court of Cassation clarified that the issue of a special power of attorney for litigation in proceedings of legitimacy, when authenticated by lawyers, does not require the spatial and temporal simultaneity of the assisted party’s signature with the drafting, service and/or filing of the deed by the lawyer.
The United Sections, in fact, were called upon to rule on the question of particular importance (sic!) concerning the conferment of a special power of attorney to file an appeal before the Court of Cassation and, in particular, whether this may also be issued on a date prior to the drafting of the appeal and in a place other than that indicated in the document itself.
