Power of Attorney Thailand (POA) is an effective way to delegate legal authority. Nonetheless, for POAs to be valid and accepted by institutions like government offices or financial entities they need to be drafted properly.
This means both the Principal and Agent must be legally capacitated and adhere to formal and substantial fundamentals, such as notarization after signing by both parties.
General Power of Attorney
A Power of Attorney is a legal instrument that authorizes an agent, also known as the Agent-in-fact to act on behalf of another individual legally named the Principal. This instrument can be either General, which grants broad legal authority or Special, which is limited to specific acts or circumstances. Both types of PoA must meet certain formal and substantial requirements to be valid, enforceable, and binding under Thai law.
For foreigners who wish to complete a transaction in Thailand but cannot be present at the time, a PoA is essential. Whether it is to sell or register property on your behalf, sign contracts, manage bank accounts, or make business decisions for your company, the document gives you peace of mind that a trusted agent can act on your behalf.
When drafting such a document, it is important to consult legal advice to ensure that the terms are properly structured and will be recognized by government agencies and Thai banks. Additionally, the signatures of both the Principal and the Agent-in-fact must be authenticated by a notary public Thailand or the Embassy to give it full legal force in Thailand.
Special Power of Attorney
In Thailand, the Special Power of Attorney is used to delegate authority for a specific act. For example, if you are purchasing property in the country but cannot be present at the transaction, you can grant a POA to someone else to manage the sale or complete the transfer of ownership. The document should be drafted with the help of an experienced attorney to ensure it is clear and meets legal requirements. It must also be notarized and authenticated by a Thai consulate or the local embassy before it can be used in the country.
The law in Thailand stipulates that both the Grantor and Agent must be legally competent to execute the powers specified in the document. It also requires the document to conform to other formal and substantial fundamentals.
Unlike other jurisdictions, the power granted in a PoA in Thailand expires upon the death or mental incapacity of the grantor. Therefore, it is crucial to properly draft the document and inform the agent of its termination. Revocation can be done by issuing a revocation letter that should be notarized and submitted to any entities that may be affected, like banks or business partners. The revocation should be registered with the authorities as well. Alternatively, you can opt for a durable POA that persists even after the grantor’s incapacity.
Living Will
A Living Will is a document that authorizes a Health Care Representative to make medical decisions on your behalf. It allows you to state your wishes about life-sustaining treatment if you are terminal and incapable of communicating. However, it does not include euthanasia and must be drafted carefully to avoid any confusion. It can also be amended or revoked at any time.
The document needs to be signed by the principal and Health Care Representative in front of two witnesses (not a family member). It is important that the document does not contain any ambiguity about what you are willing to accept or refuse as doctors will have a hard time following your instructions if they are unclear. Choosing a Health Care Representative that understands your wishes and is willing to press the doctor for a clear prognosis can be very helpful in this circumstance.
A PoA can be a practical solution for many situations that require someone to act on your behalf. However, it is important to seek legal advice to ensure that the PoA is properly drafted and complies with Thai law. If you are using a PoA for a legal transaction, such as a real estate transfer, it will also require certain formal and substantial requirements to be valid. It is also important to know the different types of PoA and their varying purposes, so that you can choose the right one for your situation.
Power of Attorney for Property
The Power of Attorney (POA) is a legal instrument where the Principal delegates authority to an Agent for specified acts or functions. POAs can be General or Special and they must comply with formal and substantial requisites in order to be valid and legally binding.
When drafted properly, a POA facilitates convenience, flexibility and efficiency in many transactions and situations. This is particularly beneficial for those who have investments and properties in Thailand, but cannot be present to execute a transaction or attend to a matter. It is also very useful for business owners who can delegate decision-making to their managers or partners, ensuring continuity in operations even when they are absent.
In cases where a POA is required for official purposes, such as when dealing with government authorities or other formal legal contexts, the document will often need to be notarized to guarantee its authenticity and enforceability. Additionally, when a POA is to be used abroad, it will need to be translated into Thai and legalized by the Ministry of Foreign Affairs or the relevant foreign embassy in Thailand. Our team of expert lawyers at Siam Legal will help you draft a valid and effective Power of Attorney. We will also assist with the notarization and legalization of your document, as well as preparing the other supporting documents required for official submission to any institution or government department.