Enduring Power of Attorney (Malaysia)
Survives donor's mental incapacity under the Powers of Attorney Act 1949 (Act 424) as amended
ENDURING POWER OF ATTORNEY
ENDURING POWER OF ATTORNEY IMPORTANT NOTICE: THIS IS AN ENDURING POWER OF ATTORNEY. THE AUTHORITY GRANTED HEREIN IS INTENDED TO CONTINUE AND TO REMAIN VALID AND EFFECTIVE NOTWITHSTANDING THE DONOR'S SUBSEQUENT MENTAL INCAPACITY, IN ACCORDANCE WITH THE POWERS OF ATTORNEY ACT 1949 (ACT 424) OF MALAYSIA AS AMENDED. I, [Donor Name] (MyKad No. [Donor Ic]), born on [Donor Date Of Birth], of [Donor Address], [Donor Occupation] (the "Donor"), hereby appoint [Attorney Name] (MyKad No. [Attorney Ic]), of [Attorney Address], [Attorney Occupation], my [Attorney Relationship] (the "Attorney"), as my Enduring Attorney to act on my behalf in all matters set out in this Enduring Power of Attorney. This Enduring Power of Attorney is executed at [Execution Location] on [Execution Date] pursuant to the Powers of Attorney Act 1949 (Act 424) of Malaysia.
Multiple Attorneys
MULTIPLE ATTORNEYS Multiple attorneys appointed: [Has Multiple Attorneys]. Second attorney: [Second Attorney Name]. Where multiple attorneys are appointed, they shall act: [Joint Or Several]. Substitute Attorney: [Substitute Attorney Name] (MyKad No. [Substitute Attorney Ic]). The Substitute Attorney shall act if the primary Attorney is unable or unwilling to continue acting under this EPA.
Enduring Nature
ENDURING NATURE — CRITICAL PROVISION This instrument is expressly intended and declared to be an Enduring Power of Attorney. The authority granted to the Attorney under this instrument: (a) IS INTENDED TO CONTINUE AND TO REMAIN VALID AND EFFECTIVE notwithstanding any subsequent loss of mental capacity by the Donor; (b) SHALL NOT BE REVOKED by the Donor's subsequent mental incapacity, however caused — including by reason of dementia, Alzheimer's disease, stroke, serious accident, or any other condition — as determined under the Mental Health Act 2001 (Act 615); (c) Shall continue until expressly revoked by the Donor (while the Donor has mental capacity), or until the Donor's death; (d) This enduring nature is the distinguishing feature of this instrument from an ordinary General Power of Attorney, which is automatically revoked upon the donor's loss of mental capacity under the default rule at common law.
Authority Granted
AUTHORITY GRANTED Subject to the limitations set out below, the Attorney is authorised to do all or any of the following on my behalf, both before and after any subsequent loss of my mental capacity: 1. Financial Affairs: [Includes Financial Affairs] — to manage all my personal financial affairs, including operating bank accounts, collecting income, managing fixed deposits, dealing with the Employees Provident Fund (EPF) Board under the Employees Provident Fund Act 1991, and managing investment portfolios with fund managers such as Public Mutual Berhad. 2. Real Property: [Includes Real Property] — to deal with all real property registered in my name under the National Land Code 1965 (Act 56), including selling, charging, leasing, and transferring such property at the Land Registry. 3. Business Interests: [Includes Business Interests] — to manage my shareholdings in companies registered with the Companies Commission of Malaysia (SSM) under the Companies Act 2016, attend general meetings, and execute resolutions on my behalf. 4. Government Agencies: [Includes Government Agencies] — to deal with the Inland Revenue Board of Malaysia (LHDN) under the Income Tax Act 1967, SSM, EPF Board, and all other government agencies. 5. Excluded matters: [Excluded Matters]. The Attorney is NOT authorised to make decisions about my personal care, medical treatment, or physical welfare. Such decisions remain with the Donor (while capable), or with the Donor's treating medical team and family in accordance with the Medical Act 1971 and applicable Malaysian law.
Revocability
REVOCABILITY While I have mental capacity: (a) I may revoke this Enduring Power of Attorney at any time by giving written notice of revocation to the Attorney; (b) Upon my revocation, the Attorney must immediately cease acting under this EPA; (c) If this EPA has been registered at the High Court of Malaya or Land Registry, notice of revocation must also be filed at the same registry. After I have lost mental capacity: (d) This EPA cannot be revoked by me, as I will no longer have the legal capacity to make a valid revocation; (e) If the Attorney is abusing their authority — misappropriating my assets, acting in their own interests, or making decisions contrary to my best interests — my family members or other interested persons may apply to the High Court of Malaya under its inherent jurisdiction or under the Mental Health Act 2001 (Act 615) to set aside this EPA and appoint a new manager of my affairs.
Certificate of Donor's Capacity
CERTIFICATE OF DONOR'S MENTAL CAPACITY I, [Certifier Name] ([Certifier Qualification], Registration No. [Certifier Reg No]), hereby certify that: (a) I have interviewed and assessed [Donor Name] on [Execution Date]; (b) In my professional opinion, [Donor Name] has full mental capacity to execute this Enduring Power of Attorney; (c) [Donor Name] understands the nature and effect of this instrument, including the enduring nature of the authority granted and the consequences of granting an attorney authority to continue acting after any future loss of mental capacity; (d) [Donor Name] is executing this EPA freely and voluntarily, without undue influence, duress, or coercion. Signed: ___________________________ [Certifier Name] [Certifier Qualification] Registration No.: [Certifier Reg No] Date: [Execution Date]
Registration
REGISTRATION This EPA will be registered at the High Court: [Requires Registration]. For dealings with land registered under the National Land Code 1965, registration at the High Court of Malaya or the relevant state Land Registry under Section 4 of the Powers of Attorney Act 1949 is required before presenting any instrument of dealing to the Land Registry. Registration is strongly recommended for all EPAs to provide a public record and facilitate third-party verification by banks, financial institutions, and government agencies. Amanah Raya Berhad recommends that clients register all EPAs to ensure enforceability across all asset classes.
Execution
EXECUTION SIGNED by the Donor at [Execution Location] on [Execution Date], in the presence of the certifier named above: Donor's Signature: ___________________________ [Donor Name] (MyKad No. [Donor Ic]) I, the Attorney, accept the appointment under this Enduring Power of Attorney and acknowledge my duties and responsibilities as attorney: Attorney's Signature: ___________________________ [Attorney Name] (MyKad No. [Attorney Ic]) Date of Acceptance: [Execution Date] Witness (not the Attorney or Attorney's spouse): Signed: ___________________________ Name: ______________________ MyKad No.: _________________ Address: ___________________
Donor
________________
Signature
Attorney
________________
Signature
Certifier (Solicitor / Medical Practitioner)
________________
Signature
Witness
________________
Signature
What Is a Enduring Power of Attorney (Malaysia)?
An Enduring Power of Attorney (EPA) in Malaysia is a special form of power of attorney that expressly provides that the authority granted to the attorney continues to be valid even after the donor (principal) subsequently loses mental capacity. The Powers of Attorney Act 1949 (Act 424), as amended, recognises the concept of an enduring or continuing power of attorney that is intended to survive the donor's mental incapacity — distinguishing it from an ordinary General Power of Attorney, which is automatically revoked upon the donor becoming mentally incapacitated.
An Enduring Power of Attorney must expressly state on its face that it is intended to be an Enduring Power of Attorney and that the authority granted is to continue despite the donor's subsequent incapacity. The donor must have full mental capacity at the time of execution, and execution typically requires the involvement of a solicitor or qualified medical practitioner who certifies the donor's mental capacity at the time of signing. The Mental Health Act 2001 (Act 615) provides the framework for determining legal incapacity in Malaysia, and the High Court of Malaya has jurisdiction to appoint a committee of the person and estate of a mentally disordered person where no EPA exists.
An EPA may grant the attorney authority to manage the donor's personal financial affairs, deal with real property under the National Land Code 1965 (Act 56), manage the donor's business interests, and handle dealings with government agencies — including the Inland Revenue Board of Malaysia (LHDN) under the Income Tax Act 1967, the Companies Commission of Malaysia (SSM), and the Employees Provident Fund (EPF) Board. An EPA does not authorise the attorney to make decisions about the donor's personal care, medical treatment, or physical welfare — such decisions remain with the donor, the court, or the donor's family under applicable Malaysian law.
In contrast to many common law jurisdictions, Malaysia does not yet have a thorough Adults with Incapacity statute providing a detailed framework for enduring powers of attorney. The EPA in Malaysia operates under the Powers of Attorney Act 1949 as amended, and legal practitioners regularly prepare EPAs under the Act's framework by using specific drafting to express the enduring nature of the power. The High Court of Malaya's inherent jurisdiction provides judicial oversight of attorneys acting under EPAs where abuse is alleged.
The legal framework governing the Enduring Power of Attorney (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Enduring Power of Attorney (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Powers of Attorney Act 1949 (Act 424) sets the foundational requirements.
When Do You Need a Enduring Power of Attorney (Malaysia)?
An Enduring Power of Attorney is needed in Malaysia whenever a person wishes to put in place a legal arrangement for the management of their affairs in the event that they later become mentally incapacitated.
An Enduring Power of Attorney is needed when an elderly parent wishes to appoint a trusted child or family member to manage their bank accounts, pay bills, deal with their property under the National Land Code 1965, and handle their financial affairs if the parent develops dementia, Alzheimer's disease, or other conditions causing mental incapacity in the future.
An Enduring Power of Attorney is required when a person has been diagnosed with an early-stage cognitive condition — such as mild cognitive impairment or early Alzheimer's disease — and still has legal capacity to execute the EPA, but wishes to appoint an attorney now before their capacity deteriorates to the point where they can no longer execute a valid legal instrument.
An Enduring Power of Attorney is needed when a high-net-worth individual wishes to confirm business continuity — managing shareholdings in companies registered with SSM under the Companies Act 2016, overseeing investment portfolios, and dealing with commercial contracts — without requiring court intervention if they suffer a stroke, serious accident, or other event causing sudden incapacity.
An Enduring Power of Attorney is required as a supplement or alternative to a Living Trust for persons who want to confirm thorough management of all their affairs (not just assets in the trust) in the event of incapacity. A Living Trust under the Trustee Act 1949 covers trust assets; an EPA covers the donor's remaining personal and business affairs.
An Enduring Power of Attorney is needed when a person is about to undergo a significant medical procedure that carries risk of cognitive impairment, and wishes to confirm that a trusted attorney can step in to manage their affairs if the procedure affects their mental capacity.
What to Include in Your Enduring Power of Attorney (Malaysia)
A valid Enduring Power of Attorney in Malaysia must contain the following essential elements to be effective as an enduring instrument.
Express Enduring Declaration: The EPA must contain an express statement on its face — typically in a prominent position at the beginning of the document — that the authority granted is intended to continue notwithstanding the donor's subsequent mental incapacity. This distinguishes the EPA from an ordinary power of attorney, which is revoked upon incapacity under the default rule at common law.
Donor's Capacity at Execution: The donor must have full legal capacity at the time of execution. The EPA should include a certificate from an advocate and solicitor or a registered medical practitioner confirming that the donor had capacity at the time of execution and understood the nature and effect of the instrument.
Donor's Details: Full legal name, MyKad number, address, and occupation of the donor. The donor must be of the age of majority under the Age of Majority Act 1971 and must not be subject to a committee order under the Mental Health Act 2001 at the time of execution.
Attorney's Details: Full legal name, MyKad number, address, and occupation of the attorney. The attorney should be a trusted person capable of managing financial and legal matters, and old enough and sufficiently competent to act responsibly. Multiple attorneys may be appointed to act jointly or jointly and severally.
Scope of Authority: The EPA should clearly specify the scope of the attorney's authority — the specific types of financial and property matters the attorney is authorised to manage. Authority for land dealings under the National Land Code 1965 must be registered under the Powers of Attorney Act 1949.
Revocability While Capable: The EPA should state that it may be revoked by the donor at any time while the donor has mental capacity, by written notice to the attorney, and that it becomes irrevocable upon the donor's subsequent incapacity.
Execution and Witnessing: The EPA must be executed in the presence of a witness (not the attorney or the attorney's spouse) who confirms the donor's identity, capacity, and voluntary execution. Registration at the High Court under the Powers of Attorney Act 1949 is required for land-related authority.
Additional compliance elements for a Enduring Power of Attorney (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Enduring Power of Attorney (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/personal/legal-declarations/enduring-power-of-attorney-malaysia
"Enduring Power of Attorney (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/personal/legal-declarations/enduring-power-of-attorney-malaysia.
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title = {Enduring Power of Attorney (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/personal/legal-declarations/enduring-power-of-attorney-malaysia}},
note = {Free legal document template. Based on Powers of Attorney Act 1949 (Act 424)}
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Frequently Asked Questions
If a person in Malaysia becomes mentally incapacitated without having previously executed a valid Enduring Power of Attorney, their family members or other interested persons must apply to the High Court of Malaya for a court order to manage the incapacitated person's affairs. Under the Mental Health Act 2001 (Act 615), the High Court may appoint a 'committee of the person and estate' — typically a close family member — to manage the incapacitated person's property and affairs. This court process is time-consuming, expensive, and involves regular reporting to the court. The High Court may also appoint the Public Trustee (Director General of Insolvency) or Amanah Raya Berhad to act where no suitable family member is available. An Enduring Power of Attorney avoids this process by allowing a pre-appointed attorney to step in immediately upon the donor's incapacity without requiring court involvement.
An Enduring Power of Attorney cannot be revoked by the donor after the donor has lost mental capacity, as the donor no longer has the legal capacity to make a valid revocation. Before the donor loses capacity, the EPA may be revoked at any time by giving written notice of revocation to the attorney. If the attorney is abusing their authority under the EPA — misappropriating funds, acting in their own interests rather than the donor's, or making decisions that are not in the donor's best interests — the donor's family members may apply to the High Court of Malaya to have the EPA set aside, the attorney removed, and a new manager appointed under the Mental Health Act 2001 or the court's inherent jurisdiction. The High Court exercises supervisory jurisdiction over attorneys acting under EPAs and can intervene to protect incapacitated donors from attorney misconduct.
An Enduring Power of Attorney and a healthcare directive (also called an advance medical directive) are distinct instruments in Malaysia. An Enduring Power of Attorney under the Powers of Attorney Act 1949 (Act 424) authorises the attorney to manage the donor's financial affairs, property, and legal matters — it does not authorise the attorney to make decisions about the donor's medical treatment, personal care, or physical welfare. Malaysia does not have a comprehensive statute specifically recognising advance medical directives or healthcare powers of attorney. Decisions about medical treatment for an incapacitated person in Malaysia are generally made by the treating medical team in consultation with the family, in accordance with the Medical Act 1971, the Private Healthcare Facilities and Services Act 1998, and the Malaysian Medical Council's ethical guidelines. A separate written statement of the donor's wishes regarding medical treatment may be prepared alongside the EPA, though its legal enforceability is limited.
An Enduring Power of Attorney in Malaysia must be registered at the High Court of Malaya (or the High Court in Sabah and Sarawak) under the Powers of Attorney Act 1949 if it is to be used for dealings with land registered under the National Land Code 1965. For non-land matters — bank account management, investment management, business affairs — the EPA does not need to be registered to be effective between the donor and attorney. However, registration is strongly advisable even for non-land matters, as it provides a public record of the EPA that third parties (including banks and financial institutions) can verify. Some Malaysian banks require a copy of the registered EPA before allowing an attorney to operate an account on behalf of an incapacitated account holder. Amanah Raya Berhad recommends clients register all EPAs to ensure enforceability across all asset classes.
A Enduring Power of Attorney (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Powers of Attorney Act 1949 (Act 424) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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