The Power of Attorney Affidavit is a crucial legal instrument in Malaysian jurisprudence, commonly used when formal delegation of authority requires an additional layer of verification through sworn statements. This document is particularly relevant when the stakes are high or when third parties require enhanced certainty about the authenticity of the power of attorney. It combines the standard elements of a power of attorney under the Powers of Attorney Act 1949 with the formality of an affidavit, requiring execution before a Commissioner for Oaths. The document is typically used in situations involving significant property transactions, long-term care arrangements, overseas matters, or complex business dealings where the principal wishes to delegate authority while providing maximum assurance to third parties about the validity of the delegation. It must be properly stamped and can be either general or limited in scope, depending on the powers being granted.
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1. Title and Reference: Formal title of the document identifying it as a Power of Attorney Affidavit
2. Parties Identification: Full legal names, identification numbers, and addresses of both the Principal (donor) and the appointed Attorney (donee)
3. Affirmation Statement: Opening statement declaring that the Principal is making the affidavit under oath
4. Background: Brief context explaining the relationship between the parties and the reason for granting the power of attorney
5. Appointment Declaration: Formal declaration of appointing the Attorney and granting them specific powers
6. Scope of Authority: Detailed listing of all powers and authorities being granted to the Attorney
7. Duration and Effectiveness: Statement of when the power of attorney becomes effective and its duration
8. Governing Law: Statement that the document is governed by Malaysian law
9. Verification Statement: Sworn statement by the Principal confirming the truth of the contents
10. Execution Block: Space for signature, Commissioner for Oaths attestation, and formal jurat
1. Medical Capacity Statement: Optional section including a medical practitioner's statement confirming the Principal's mental capacity, recommended for elderly or ill Principals
2. Revocation Clause: Optional section specifically revoking any previous powers of attorney, if applicable
3. Substitute Attorney Provision: Optional section appointing a substitute attorney in case the primary attorney becomes unable to act
4. Foreign Language Declaration: Required only if the Principal's primary language is not English or Malay, confirming the document was explained in their native language
5. Special Conditions: Any specific conditions or restrictions on the Attorney's powers, if needed
1. Schedule A - Specific Powers: Detailed list of specific powers granted to the Attorney, particularly useful for complex arrangements
2. Schedule B - Property Details: If the power of attorney relates to specific properties, their full legal descriptions and titles
3. Appendix 1 - Identity Documents: Copies of identification documents of both Principal and Attorney
4. Appendix 2 - Medical Certificate: If applicable, medical certificate confirming Principal's mental capacity
5. Appendix 3 - Translator's Certificate: Required if document was explained in a language other than English or Malay
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