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Power Of Attorney Affidavit for Malta

Power Of Attorney Affidavit Template for Malta

A Power of Attorney Affidavit under Maltese law is a formal legal document that combines the features of a power of attorney with a sworn affidavit. This document enables an individual (the principal) to grant specific powers to another person (the attorney-in-fact) while making these declarations under oath. The document must comply with Malta's Civil Code and Commissioner for Oaths Act, requiring proper execution before a notary public and commissioner for oaths. It serves as both an authorization instrument and a sworn statement, providing additional legal weight to the powers granted and the declarations made.

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What is a Power Of Attorney Affidavit?

A Power of Attorney Affidavit is utilized in Malta when there is a need to grant authority to another person while providing additional sworn testimony about the circumstances or intentions behind the grant of power. This document type is particularly important in situations requiring heightened legal certainty and formal verification of the principal's intentions. The document must comply with Maltese legal requirements, including proper execution before a notary public and commissioner for oaths. It typically includes detailed information about the principal and attorney-in-fact, specific powers being granted, duration of the authority, and any limitations or conditions. The affidavit component adds a layer of solemnity and legal accountability, as the principal must swear to the truthfulness of the statements made in the document.

What sections should be included in a Power Of Attorney Affidavit?

1. Title and Declaration: Formal title of the document and declaration that this is an affidavit, including the jurisdiction (Malta)

2. Identification of Parties: Full legal names, identification numbers, addresses and other relevant details of both the principal (donor) and the appointed attorney(s) (donee)

3. Preliminary Statement: Affirmation that the principal is of sound mind and is executing the document voluntarily

4. Purpose and Scope: Clear statement of the general purpose of the power of attorney and its scope

5. Powers Granted: Detailed enumeration of the specific powers being granted to the attorney

6. Duration: Specification of when the power of attorney becomes effective and when it terminates

7. Governing Law: Statement that the document is governed by the laws of Malta

8. Attestation: The sworn statement portion of the affidavit, including the oath or affirmation

9. Execution: Signature block for principal, attorney(s), notary public, and commissioner for oaths

What sections are optional to include in a Power Of Attorney Affidavit?

1. Substitute Attorney Provisions: Used when appointing backup attorneys or allowing the attorney to delegate powers

2. Multiple Attorneys Clause: Required when appointing more than one attorney, specifying whether they act jointly or severally

3. Specific Limitations: Include when there are specific restrictions or limitations on the attorney's powers

4. Compensation Clause: Used when the attorney is to be compensated for their services

5. Revocation of Prior Powers: Include when revoking previous powers of attorney

6. Foreign Recognition Clause: Required when the power of attorney needs to be used in other jurisdictions

What schedules should be included in a Power Of Attorney Affidavit?

1. Schedule A - Property Details: Detailed list of properties or assets covered by the power of attorney

2. Schedule B - Specific Powers: Detailed enumeration of specific powers granted when these are too extensive for the main document

3. Schedule C - Medical Powers: If applicable, detailed health care and medical decision-making powers

4. Appendix 1 - Identity Documents: Copies of identification documents of the principal and attorney(s)

5. Appendix 2 - Certificate of Capacity: If required, medical certificate confirming the principal's mental capacity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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