Power of Attorney
for Property in Malaysia (2026)

General guidance for 2026 — not legal advice. Rules vary and change; confirm with a lawyer or the relevant authority. Renovating? Ask us →

A Power of Attorney (PA) is a formal legal instrument under the Powers of Attorney Act 1949 by which one person (the donor) authorises another (the donee or attorney) to act on their behalf. In the context of property, a PA allows the donee to sign documents, execute transactions, and deal with land on the donor’s behalf. Where the PA authorises dealings under the National Land Code (NLC), the NLC and specific Land Office rules impose additional requirements. See our conveyancing guide → and property title guide →.

When is a PA used for property in Malaysia?

• Overseas owners who cannot travel to Malaysia to sign documents in person.
• Elderly or incapacitated owners who authorise a family member to manage their property (though an Enduring PA must be prepared for mental incapacity).
• Property developers who authorise an agent to deal with multiple individual land parcels.
• Companies authorising an individual officer to execute documents on their behalf.
• Any situation where a principal cannot be present to sign land-related documents.

General vs specific Power of Attorney

A specific PA is generally safer for property deals because it limits the donee’s authority to the transaction described.

Deposit and registration at the High Court

Under the National Land Code (Section 311 NLC), a Power of Attorney which is intended to be used to deal with land (e.g., to execute a transfer, charge or other NLC instrument) must be deposited with the High Court in the state where the land is located. The court registers it and issues a deposit number. Without this deposit, the Land Office will not accept the documents signed by the donee.

Steps:

1. The PA is prepared by a lawyer and executed by the donor, signed before a Notary Public (if overseas) or a Commissioner for Oaths (if in Malaysia).
2. If executed overseas, the PA must be notarised and apostilled (or legalised for non-Hague Convention countries).
3. The lawyer files the PA at the High Court Registry for deposit and registers the deposit number.
4. The donee produces the deposit reference when transacting at the Land Office.

Donor and donee obligations

• Donor: bears legal responsibility for the donee’s acts within the scope of the PA. Ensure the donee is trustworthy — their acts bind you.
• Donee: must act strictly within the scope of the authority granted, in the donor’s best interest and in good faith (fiduciary duty). Acting outside the scope is a legal wrong against the donor.
• Third parties who deal with the donee in good faith and within the PA’s terms are generally protected.

Risks of giving a Power of Attorney

• Fraud or abuse: a dishonest donee can transfer or encumber your land. Always use a trusted, ideally independent party (e.g., your lawyer).
• Scope creep: a broadly worded PA gives the donee wide authority. Use specific PAs where possible.
• Death of donor: a PA is automatically revoked on the death of the donor (unless it is a specific type of irrevocable PA for value).
• Mental incapacity: an ordinary PA ceases on the donor becoming mentally incapacitated; an Enduring PA (drafted to survive incapacity) is needed for that purpose.

Revoking a Power of Attorney

An ordinary PA can be revoked by the donor at any time by executing a Deed of Revocation. The revocation must be communicated to the donee and, for land dealings, the revocation should be filed at the High Court to cancel the deposit. Third parties who acted in good faith before receiving notice of revocation are generally protected. An irrevocable PA given for value (e.g., as security) may not be revoked for the specified period.

Practical tips

• Always engage a property lawyer to draft and deposit the PA — errors in scope or formality can make it useless at the Land Office or unacceptable to the other party’s lawyer.
• For overseas execution, use a Notary Public and check apostille requirements for Malaysia (Malaysia is a Hague Convention country, so an apostille is accepted; for non-Convention countries, legalisation through the Malaysian consulate may be needed).
• Prefer a specific PA limited to the transaction at hand over a general PA to minimise exposure.
• Monitor transactions made under the PA and revoke it promptly once the purpose is fulfilled — do not leave an active PA outstanding after it is no longer needed.
• For buying property → or stamp duty →, confirm with your lawyer whether the PA covers the specific National Land Code instruments required (e.g., Form 14A for transfer, Form 16A for charge).

Comparison of PA types for property dealings