Power of Attorney in Thailand is a legal paper instrument that allows one person (the Agent or Attorney-in-Fact) to act on behalf of another. It is useful for foreigners dealing with legal and/or business matters in Thailand.
Various Thai government departments require the use of their standard PoA formats for specific transactions like selling or registering real property. Also, certain types of PoA such as a “durable” type requires a particular format and clauses.
Legal Requirements
A Power of Attorney is a legal tool that empowers an individual, known as the principal or attorney-in-fact, to act on behalf of another person, often with broad authority. A properly drafted PoA should clearly state the names of both parties and the extent of powers granted. In addition, the document should be dated and signed by the principal in the presence of witnesses. It should also be translated into Thai if it is written in another language, or a certified translation may be required for acceptance by government offices.
There are many practical uses for a Power of Attorney in Thailand. For example, if you plan to buy or sell real estate or business operations in Thailand but will not be present during the transactions, a PoA allows you to delegate decision-making authority to a trusted agent. The same is true for other types of official transactions, such as registering the ownership of a condominium unit or applying for a visa.
A durable Power of Attorney remains in effect even if the principal becomes incapacitated, a valuable feature for those planning ahead. Some government agencies have specific forms for a POA and will not accept a general form. For example, the Land Department requires that a special POA be submitted for property transactions. Licensed Thai lawyers authorized as Notarial Services Attorneys can certify the signature on a POA.
Drafting a POA
Power of Attorney is an important legal instrument that allows you to appoint someone to manage your affairs in Thailand. There are different types of POAs to choose from, each serving a unique purpose. The key is choosing a trustworthy agent and clearly defining the scope of powers that you wish to grant them. Failure to do so may lead to unintentional misuse and liability for the agent.
If you have a Durable Power of Attorney in place, it will remain in effect even if you become mentally incapacitated. This ensures that your wishes regarding medical care and end-of-life decisions are honored, regardless of your ability to communicate them.
Depending on your situation, you may need to follow specific templates used by government departments. For example, if you are selling or registering ownership of property in Thailand on behalf of another person, you must use a government template and have it signed by the authority.
It is also essential to have the PoA signed in front of a Notary Public officer who can certify the signatures of the Principal and Attorney-in-Fact. You can find a list of Notaries in your area on the Royal Thai Embassy website.
Notarization
Notarization is a way to ensure the authenticity of your POA. Having it notarized will reduce the likelihood that it will be challenged or denied in the future. Moreover, many financial institutions will not accept a POA without a notarized signature. Typically, notarization involves an official witness verifying the signatures on the document.
POAs are important legal instruments in Thailand, frequently used by both local and foreign individuals to delegate authority to trusted parties. Nevertheless, statutory and procedural rules governing them can be complex, particularly for property, corporate, and government transactions. Failure to follow the proper rules can result in transactional invalidity and monetary loss.
A properly executed POA can grant broad or limited powers of attorney for a number of legal matters, such as real estate, investment, and banking. Nonetheless, a person should always consult with a lawyer when selecting their agent and drafting a POA to be certain that it meets all applicable requirements.
Additionally, it is important to note that under Thai law, the person designating their agent as the Attorney-in-Fact must have the mental capacity to enter into a POA. If they are found to be incompetent by the court, then any juristic acts executed by that person are void. It is also recommended that the Principal use their full name as it appears on their passport or ID card and include their address in the POA.
Revocation
A Power of Attorney is a legal document that allows an individual, known as the Principal, to authorize another person or entity, called an agent or attorney-in-fact, to manage their affairs. The actions taken by the agent within the scope of authority granted bind the principal as though they had acted directly. POAs are often used in business operations, real estate transactions, or other matters where the principal is unable to physically attend to these issues themselves.
The complexities of Thai law and the potential for misuse make it critical to carefully consider each type of POA before granting authority and consult with an expert to ensure that it is drafted correctly and meets all formal and substantive legal requirements. In addition, it is essential that the Principal and Attorney-in-Fact meet certain requirements for the document to be enforceable.
Among these, they must both be legally capable and of sound mind to execute the document and to grant the powers outlined. Additionally, a notary must be present to witness the signature and verify the identity of the signatory. If the document is executed abroad, it will also require a notarization or authentication by the Thai Embassy or Consulate in that country and a certified translation into Thai.
