As a foreigner, there will be times when you need to delegate legal authority to someone else to act on your behalf in Thailand. This is where a Power of Attorney comes in handy.
A POA has to conform to various formal and substantial requisites to be considered valid and enforceable in Thailand. It can be a General Power of Attorney (GPA) or Special Power of Attorney (SPA).
What is a Power of Attorney?
Power of Attorney is a valuable legal instrument that enables individuals to delegate responsibilities and facilitate transactions efficiently. However, drafting and executing a Power of Attorney in Thailand is an intricate process that requires diligence and cultural sensitivity.
Siam Legal’s experienced team of foreign and Thai lawyers can help clients draft, register, and notarize their Powers of Attorney to make them valid under Thai law. We also offer consultation services for the Grantor and Agent prior to drafting the instrument.
When drafting and executing a Power of Authority, it is crucial to be mindful of the cultural norms of face-saving in Thailand. This concept emphasizes respectful communication and prevents embarrassment. In addition, it is important to clearly define the scope of authority granted and ensure that the instrument is properly drafted and notarized. This will help to avoid disputes and misunderstandings in the future.
What are the Requirements for a Power of Attorney in Thailand?
Power of Attorney is a valuable legal instrument that enables individuals to delegate responsibilities and facilitate transactions efficiently. However, its drafting and execution requires diligence and cultural sensitivity in light of local legislation and legal requirements.
The document may be General and confer broad legal authority or Special and limited in scope. It can also be revocable or continue (durable). The person who provides the authority is known as the Principal or Grantor, while the agent is referred to as the Attorney-in-Fact. The applicable law stipulates that the Principal and the Attorney-in-Fact must be legally capacitated and able to grant and execute the authorized acts enumerated in the POA.
The document must be signed by the Principal and by the Attorney-in-Fact in the presence of witnesses, and it should bear duty stamps. If the Power of Attorney is being used for property transactions, it should be accompanied by an authenticated copy of the original title documents and certified by the local land office. If the Principal is a foreign national, it is also required that the Power of Attorney be notarized by a Thai embassy or consulate or a notary public.
What are the Benefits of a Power of Attorney in Thailand?
There are a number of benefits for individuals who need to delegate authority to others. For example, a Power of Attorney can be useful when navigating legal transactions with government agencies and banks. It can also be helpful for foreign entrepreneurs who wish to manage their business operations in Thailand but cannot be present physically.
In addition, a Power of Attorney can be used to transfer ownership of property in Thailand. However, it is important to note that a power of attorney must be specifically drafted for this purpose and follow the specific forms provided by the land office.
Moreover, it is also important to ensure that the document clearly defines the powers and responsibilities of the Agent. It should also specify that the Grantor and Agent are both in capacity to enact the authorized acts and meet other formal and substantial requisites. Hence, it is always best to consult with a Thai law firm before drafting a Power of Attorney.
How Can a Power of Attorney be Drafted in Thailand?
Whether for short-term specific transactions or continuing after death, a Power of Attorney in Thailand is an extremely useful tool that can be drafted and notarized in accordance with local laws. Nevertheless, drafting and executing a POA requires diligence and cultural sensitivity in light of the legal requirements and the specifics of Thai law.
The person granting the authority is called the Principal or Grantor and the one receiving it is known as the Agent or Attorney-in-Fact. Moreover, applicable legislation rules that both parties must be legally capacitated and capable of granting and executing the authorized acts specified in the POA.
When drafting an official government POA to complete property transfers or other matters in Thailand, it is crucial that the appropriate form and all details are clearly stated, as a mistake can render the document invalid. Likewise, different types of pen or use of different printers may invalidate the instrument. Our foreign and Thai attorneys can provide guidance on these important requisites and ensure that the final instrument aligns with the Grantor’s intention.