Power Of Attorney Affidavit Template for Malaysia

A Power of Attorney Affidavit is a specialized legal document that combines the authority-granting features of a standard power of attorney with the formal verification requirements of a sworn affidavit under Malaysian law. You use this document when you need to delegate authority to another person while providing enhanced legal certainty to third parties who will rely on that delegation.

When do you need this document?

You need a Power of Attorney Affidavit in situations where standard powers of attorney may not provide sufficient assurance to institutions or parties involved in your transaction. This typically occurs during significant property purchases or sales, complex business transactions, overseas investments, banking matters involving substantial sums, or when government agencies require sworn verification of your attorney's authority. You might also need this document when your appointed attorney will be acting on your behalf for extended periods or in multiple jurisdictions where enhanced verification is valued.

Key legal considerations

The document must clearly identify both you as the principal and your appointed attorney, including full legal names, identification numbers, and addresses. You need to specify the exact scope of authority being granted, whether general or limited to specific transactions or timeframes. The affidavit portion requires you to swear under oath that the information provided is true and that you are granting the powers voluntarily and with full mental capacity. Consider including revocation clauses and specify how third parties will be notified if you revoke the power. The document should address potential conflicts of interest and establish clear boundaries on your attorney's authority to prevent misuse.

Legal requirements in Malaysia

Under the Powers of Attorney Act 1949, your Power of Attorney Affidavit must be executed before a Commissioner for Oaths, who will administer the oath and witness your signature. The document requires proper stamping under the Stamp Act 1949, with stamp duty calculated based on the scope and value of authority granted. You must provide valid identification, and if the document involves property matters, additional documentation may be required. The Statutory Declarations Act 1960 governs the affidavit components, requiring specific language and formatting. If you lack mental capacity, medical certification under relevant healthcare legislation may be necessary. The document must be in Bahasa Malaysia or English, with certified translations required for other languages.