A Power of Attorney (POA) is a legal document that gives another person the authority to act on behalf of the grantor. However, situations may arise where the grantor needs to revoke the POA. Whether due to a change in circumstances, loss of trust, or fulfillment of its purpose, understanding the process of revocation is crucial. This guide provides a detailed, step-by-step explanation of how to revoke a Power of Attorney in Malaysia.
Understanding Power of Attorney in Malaysia
Before delving into the revocation process, it is important to understand what a Power of Attorney entails. A POA allows an appointed individual (the attorney) to make legal or financial decisions on behalf of the grantor. It is commonly used for property transactions, business dealings, or personal financial management.
There are two main types of POA in Malaysia:
- General Power of Attorney: Grants broad authority to act on behalf of the grantor.
- Special Power of Attorney: Limits authority to specific transactions or actions.
Regardless of the type, a POA remains valid until its stated expiration or until revoked by the grantor.
Legal Basis for Revoking a Power of Attorney in Malaysia
Under Malaysian law, a Power of Attorney can be revoked by the grantor at any time, provided they are of sound mind. The revocation process must be done in writing and must be properly communicated to the attorney and relevant parties.
The revocation may be:
- Express Revocation: A written document explicitly revoking the POA.
- Implied Revocation: Occurs automatically under specific circumstances, such as the death of the grantor or attorney.
Step-by-Step Guide to Revoke a Power of Attorney in Malaysia
Step 1: Review the Terms of the POA
The first step is to carefully review the POA document to understand its terms and conditions regarding revocation. Some POAs may have specific clauses dictating the revocation process.
Step 2: Prepare a Revocation Letter or Deed
The grantor must draft a written document officially revoking the POA. This can be done through a:
- Revocation Letter: A simple document stating the intent to revoke the POA.
- Revocation Deed: A more formal legal document, typically prepared with the help of a lawyer.
Step 3: Sign the Revocation Document
The revocation must be signed by the grantor in the presence of witnesses. Some cases may require notarization, especially if the POA was initially notarized.
Step 4: Notify the Attorney
The attorney (agent) must be formally informed of the revocation. It is best to send a copy of the revocation document via registered mail or through a legal representative to ensure proof of delivery.
Step 5: Inform Third Parties and Relevant Authorities
It is important to notify all relevant third parties dealing with the attorney under the POA, such as banks, land offices, or financial institutions. This prevents unauthorized actions by the attorney after revocation.
Step 6: Register the Revocation with the High Court (if applicable)
For POAs registered with the High Court of Malaysia, the revocation must also be recorded with the same court. This ensures legal acknowledgment of the revocation.
Step 7: Retain Proof of Revocation
Ensure copies of the revocation document and proof of notification are kept for future reference. These documents may be required in legal disputes or when dealing with authorities.
When Does a Power of Attorney Automatically End?
Aside from express revocation, a POA automatically ceases under the following conditions:
- Death of the grantor or attorney.
- The grantor becomes mentally incapacitated (unless it is an Enduring Power of Attorney).
- The purpose of the POA has been fulfilled.
Frequently Asked Questions (FAQs)
Can a Power of Attorney be Revoked Without the Attorney’s Consent?
Yes, a POA can be revoked unilaterally by the grantor, provided they follow the legal process.
Do I Need a Lawyer to Revoke a Power of Attorney in Malaysia?
While not mandatory, legal assistance is advisable to ensure the revocation is executed correctly.
What Happens if the Attorney Refuses to Acknowledge the Revocation?
In such cases, legal action may be required to prevent the attorney from continuing to act under the revoked POA.
Conclusion
Revoking a Power of Attorney in Malaysia is a straightforward yet essential legal process. By following the steps outlined in this guide, grantors can ensure their interests are protected and prevent unauthorized actions by the attorney. If in doubt, seeking legal advice is always recommended to ensure the revocation is carried out effectively.
