- A Power of Attorney (POA) is an instrument which enables an individual to appoint another person that they trust to to act on their behalf. In other words, a power of attorney is an instrument which allows you to legally hand over control of your affairs to another person. The “Principal” or “Grantor” empowers the appointed individual “Attorney-in-Fact” (or Agent) to act on his behalf. The Attorney-in-Fact takes control of the Principal’s business and legal dealings subject to the Power of Attorney.
- The two usual forms of POAs are the General Power of Attorney (GPA) and the Special Power of Attorney (SPA). The GPA allows for broader and more durable authority, while an SPA is one which is limited in scope and duration.
- The Thai law requires that both Principal and Agent are legally capacitated, and able to either give or execute the powers graented in the POA. It must also conform with all other formal and substantial requisites of law for it be considered valid and enforceable, among which is the notarization of the instrument after it is signed by both parties.
- TSL offers services for drafting and notarization of Powers of Attorney. Our Expat and Thai lawyers can provide expert consultation to the Principal and the Agent prior to the drafting and notarization of the instrument.
EXAMPLE USES OF POA’S IN THAILAND
- A POA in Thailand can be used for short-term specific transactions which the principal cannot handle himself, or can continue (durable power of attorney) in the event that the Principal becomes incapacitated or mentally ill.
- Thai living wills (as opposed to a last will) is not dealing with the assets of the testator after death but a form of “Power of Attorney”. It is an advance directive or instructions by a person specifying what actions should be taken in the event that the writer is no longer able to make decisions due to illness or incapacity prior to death. Living wills are recognized and governed according to the Thailand National Health Care Act 2007.
- Thai government departments in most cases will require the use of their own specific Thai script standard Power of Attorney formats for specific transactions by someone other than the owner or principal. For example, if you require a third party to sell or register ownership of your condo unit in Thailand on your behalf you must use and complete the Thai script tor ‘dor 21 land office document”. You would not be able to use a POA drafted by a Thai lawyer, despite the power of attorney being properly witnessed. These government POA’s are a non-durable special or limited power of attorneys to be used for a specific transaction and for a specific property, business registration or other legal matter.
DO YOU NEED A LAWYER?
- If you need a Power of Attorney for a private affair, business, or some other legal matter, TSL can help you with obtaining a proper legal valid Power of Attorney in English and/ or Thai for Thailand within 3 to 5 business days.
- At TSL, our experienced lawyers (Expats and Thai) have the language and expertise to communicate in Thai on your behalf and successfully review your Power of Attorney documentation.
- Choosing a Thai law firm specialising in international law to assist you with your Power of Attorney in Thailand will ensure that it is properly registered and avoid having legal difficulties in the future. If you would like assistance with Power of Attorney please consult TSL.
TSL Thailand Contact Information:
For more information about applying for a Visa or requesting our Legal Services, please visit the TSL Thailand Contact page.
Or you can contact us by phone:
In Thailand: 087-595-4918 or 02-251-8134