Power of Attorney Template for Malaysia

A Power of Attorney lets you legally authorize someone else to handle your affairs and make decisions on your behalf in Malaysia. This trusted person, called your "attorney," can manage your property, sign documents, or conduct business transactions when you're unable to do so yourself, either temporarily or long-term.

Under Malaysian law, you can create different types of Powers of Attorney to fit your needs. A general Power of Attorney covers broad decision-making rights, while a limited one restricts authority to specific tasks or time periods. The document must be properly signed, witnessed, and stamped at the High Court to be legally valid in Malaysia.

Consider setting up a Power of Attorney when planning for situations where you might be unable to handle your affairs personally. Common triggers include extended overseas travel, major surgery, or managing property investments while living abroad. Malaysian business owners often use it to delegate signing authority or financial decisions during their absence.

It's especially valuable for elderly parents who need help managing their assets, or when you're starting risky ventures that might require someone to step in. Getting it done while you're healthy and mentally sound is crucial - Malaysian courts require the person granting the power to have full mental capacity when signing.

• Power Of Attorney Contract: The standard Malaysian power of attorney that grants broad authority to manage property, finances, and business matters. You can limit its scope to specific transactions or time periods.
• Limited Power of Attorney: Restricts authority to specific tasks like selling a property or managing a bank account. Perfect for one-time transactions.
• Durable Power of Attorney: Remains valid even if you become mentally incapacitated. Essential for long-term estate planning and elderly care.
• General Power of Attorney: Gives comprehensive authority over financial and legal matters but becomes void if you lose mental capacity.

• Donor (Principal): The person granting the Power of Attorney. Must be mentally sound and over 18 when creating the document.
• Attorney (Agent): The trusted individual or professional receiving authority to act. Can be a family member, lawyer, or business associate.
• Malaysian High Court: Validates and registers the Power of Attorney, making it legally enforceable.
• Witnesses: Two individuals must observe the signing and verify the donor's identity and mental capacity.
• Banks and Property Offices: Organizations that recognize and act on the Power of Attorney for transactions.

• Basic Information: Gather identification details for both donor and attorney, including MyKad numbers and current addresses.
• Scope Definition: List specific powers being granted - financial decisions, property matters, or business transactions.
• Time Period: Decide if the power starts immediately and when it ends.
• Witness Arrangements: Organize two mentally sound witnesses over 18 who aren't family members.
• Document Generation: Use our platform to create a legally-sound Power of Attorney that meets Malaysian requirements.
• Court Requirements: Prepare stamp duty payment and arrange for High Court registration.

• Donor Details: Full name, MyKad number, address, and clear statement of mental capacity.
• Attorney Information: Complete identification and contact details of the appointed representative.
• Powers Granted: Specific list of authorized actions and any limitations or restrictions.
• Duration Clause: Clear start date and expiry conditions of the power.
• Witness Section: Space for two witnesses' signatures, names, and MyKad numbers.
• Execution Block: Formal signing section with date and location of execution.
• Revocation Terms: Conditions under which the power can be cancelled or terminated.

A Power of Attorney differs significantly from an Agency Agreement in several key aspects, though both involve someone acting on behalf of another. While a Power of Attorney grants broad decision-making authority and remains valid until revoked or the donor's incapacity, an Agency Agreement typically creates a more limited, business-focused relationship.

• Scope of Authority: Power of Attorney can cover personal, financial, and property matters; Agency Agreements usually focus on specific business transactions or services.
• Duration: Power of Attorney often continues until explicitly revoked or death; Agency Agreements commonly have fixed terms or project-specific endpoints.
• Legal Requirements: Powers of Attorney must be registered with the Malaysian High Court; Agency Agreements don't require court registration.
• Termination: A Power of Attorney may automatically end upon mental incapacity; Agency Agreements continue regardless of the principal's mental state.