The Power of Attorney Declaration is a crucial legal instrument in Malaysian jurisprudence that enables the delegation of legal authority from one party to another. This document is essential when an individual or organization needs to authorize another party to act on their behalf, whether for specific transactions or general purposes. Under Malaysian law, particularly the Powers of Attorney Act 1949, the document must clearly specify the scope of powers granted, the duration of the authority, and any limitations or conditions. It's commonly used in situations where the donor may be unavailable, traveling abroad, or requires assistance in managing their affairs. The document requires proper execution before a Commissioner for Oaths and may need to be stamped under the Stamp Act 1949 to be legally valid. For certain purposes, such as land transactions, additional requirements under the National Land Code 1965 must be met.
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1. Title and Date: Clearly states this is a Power of Attorney and the date of execution
2. Parties: Identifies the donor (person granting the power) and the attorney(s) with full names, IC numbers, and addresses
3. Background: Brief context explaining why the POA is being created
4. Definitions: Defines key terms used throughout the document
5. Appointment: Formal statement appointing the attorney and granting powers
6. Powers Granted: Detailed description of the specific powers being granted to the attorney
7. Duration: Specifies the duration for which the POA is valid
8. Governing Law: Confirms Malaysian law governs the POA
9. Execution: Formal execution clause including witnessing requirements
10. Attestation: Witness attestation section confirming proper execution
1. Multiple Attorneys Clause: Required when appointing more than one attorney, specifying whether they act jointly or severally
2. Continuing Powers Clause: Required if the POA is intended to continue during mental incapacity of the donor
3. Revocation Clause: Optional clause specifying conditions under which the POA may be revoked
4. Substitute Attorney Provision: Optional section appointing substitute attorneys in case primary attorney cannot act
5. Property Schedule Reference: Required when the POA deals with specific property or assets
6. Foreign Usage Clause: Required if the POA will be used outside Malaysia
1. Schedule A - List of Powers: Detailed enumeration of specific powers granted to the attorney
2. Schedule B - Property Details: Details of any specific property or assets covered by the POA
3. Schedule C - Specimen Signatures: Specimen signatures of the donor and attorney(s)
4. Appendix 1 - Identity Documents: Copies of IC/passport of donor and attorney(s)
5. Appendix 2 - Medical Capacity Assessment: If relevant, medical report confirming donor's mental capacity at time of execution
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