Power of Attorney in Thailand. A Power of Attorney is a legal instrument that gives another person the right to act on your behalf. For example, if you’re a foreigner planning to purchase property or register ownership in Thailand, you may need to grant someone power of attorney.
At Siam Legal, we have foreign and Thai lawyers to ensure that all legal formalities are followed for a valid Power of Attorney.
What is a Power of Attorney?
A Power of Attorney is a legal document in which an individual grants another person authority to manage his or her business, affairs, property or assets for a particular period or under specified circumstances. It also entitles the agent to carry out certain transactions, including property registration and sale and purchase.
Under local legislation, a Power of Attorney can be executed only by individuals who are legally capacitated to do so. It must also comply with other formal and substantial requisites, such as being notarized after being signed by both the principal and agent.
Our attorneys can assist in drafting various types of POAs, including general and special powers for broad legal authority, and also power of attorney for specific matters. They can be valid for up to three months, and can be renewed indefinitely.
Who can execute a Power of Attorney?
If you wish to delegate legal authority to another person, especially if you’re not present in Thailand for certain transactions or situations, a Power of Attorney is an excellent option. Our firm can expertly assist in drafting a POA to suit your specific needs.
Generally speaking, the individual who grants the authority is known as the Principal and the person who receives it is named the Agent or Attorney-in-Fact. The applicable law stipulates that both parties must be legally capacitated and able to grant and execute the powers enumerated in the POA for it to be valid and enforceable. Also, the POA must comply with other formal and substantial requisites. Our firm can offer guidance in this matter.
What are the requirements for a Power of Attorney?
In Thailand, POA documents must follow official templates as specified by government departments. For example, the template used for selling or registering property on behalf of someone else requires the use of specific language to be valid for such transactions.
Moreover, applicable law stipulates that both the Grantor and Agent must be legally capacitated for the execution of the powers given in the POA. The document must also conform to other formal and substantial requisites set by law.
At Siam Legal, we have both foreign and Thai lawyers who specialize in drafting power of attorney instruments for our clients. Before drafting and notarizing the document, our lawyers will have consultations with both parties to prevent any future disputes or misunderstandings. Our lawyers will also ensure that the POA is properly dated.
How long is a Power of Attorney valid?
A Power of Attorney is a legal instrument that empowers an individual to act on another person’s behalf. The person offering the authority is known as the Principal or Grantor and the person receiving it is called the Agent or Attorney-in-Fact. Both parties must be of legal capacity at the time of signing the document.
A Power of Attorney is valid for a certain period and can be renewed if needed. It is a good idea to have it notarized in order to ensure that the document has the full force of law. It is also important to make sure that the document clearly outlines the powers or responsibilities granted to the Agent. A reliable law firm in Thailand can help with this process.
Can a Power of Attorney be used in Thailand?
As a legal instrument, a Power of Attorney can be used in many different situations, including buying real estate, registering property ownership, and dealing with banking matters. However, it is crucial to have a reliable Thai law firm by your side. Siam Legal can assist you with drafting and notarizing your Power of Attorney to ensure it is valid and enforceable under local laws. Our foreign and Thai lawyers will set a consultative audience with both the Grantor and Agent before drafting and notarizing the document to verify that they are indeed legally capacitated and can execute their powers.
We also offer non-durable special and limited Power of Attorneys for specific transactions as well as official forms for the Tor Dor 21 land office documents for selling and transferring property ownership. Our attorneys can help you structure these documents and make them acceptable by all relevant government departments and banks in Thailand.