Power of Attorney in Malaysia by Nasser Hamid | 2024

Power of Attorney in Malaysia by Nasser Hamid | 2024

A power of attorney is a valuable legal document that enables an individual (referred to as the donor) to authorize another person (known as the donee) to make decisions on their behalf in specific matters when the donor is unable to do so. This document is crucial for safeguarding the donor's interests. In Malaysia, it is common for landowners to grant powers of attorney to developers, allowing them to manage land development projects. Additionally, elderly individuals or those residing abroad often grant powers of attorney to younger family members, such as children or siblings, to handle matters related to land or other interests on their behalf.

Power of Attorney is a crucial resource for the legal community in Malaysia, as well as for individuals who wish to create or be designated as an attorney. The authors provide an overview of the historical foundations of powers of attorney in Malaysia, the current legal framework governing them, and significant case law that has established important precedents. These precedents help clarify who can grant or receive a power of attorney—whether individuals or companies—and the legislative requirements that must be met to create a valid power of attorney. The book comprehensively covers the nature of a power of attorney, the process for its creation and validation, the distinctions between revocable and irrevocable powers, the responsibilities and authority of the attorney, and specific considerations related to land and corporate contexts.

Table of Contents of Power of Attorney in Malaysia

Chapter 1: What is a Power of Attorney?
Chapter 2: Creation and Validity
Chapter 3: Revocable and Irrevocable Power of Attorney
Chapter 4: Authority and Duties of the Attorney/DONEE
Chapter 5: Power of Attorney and Land
Chapter 6: Power of Attorney and Companies
Precedents
Index

About the Authors of Power of Attorney in Malaysia:

Nasser Hamid is the former Chief Editor of the Current Law Journal, Industrial Law Reports, and Malaysian Tax Cases, as well as the Managing Editor of the All-Malaysia Reports and the Journal of Crime. He also served as the Editor of Info Alert and the Malaysian Law News. Over his career, he has authored 43 legal publications under the imprints of Sweet & Maxwell, Current Law Journal, and Gavel Publications. Currently, he practices law at Nasser Hamid & Associates and has extensive experience in civil litigation, strata management, industrial law, and criminal cases.

Cheryl Nicholson graduated from the United Kingdom with an LLB (Hons) degree, achieving a Second Upper class in 1987. She then pursued and completed her Certificate in Legal Practice. In 1989, Cheryl was admitted as an Advocate and Solicitor of the High Court of Malaya and actively engaged in litigation practice. Concurrently, she furthered her education by completing a Masters in Comparative Laws at the International Islamic University in 2006. Following an 18-year career in legal practice, she transitioned to academia, joining Taylor’s University as a full-time lecturer in the School of Business and Law. Cheryl retired from full-time teaching in 2017 and subsequently served as the Director/Secretary of the Advocates & Solicitors Disciplinary Board for a year before returning to teaching at Taylor’s University.