Agency and poa
power of attorney in Thailand

signing a Thai contract

A 'power of attorney' lets you appoint someone you trust to manage important matters on your behalf (a lawyer, family member, friend). A power of attorney is basically used to legally hand over control of your affairs to another person. The 'principal' empowers another 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.

Thai power of attorney

Thai government departments in most cases require the use of their own Thai script standard power of attorney formats for specific transactions by someone else than the owner or principal, that is, if you have someone else selling or registering 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 matter.

A power of attorney 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 his death. Living wills are recognized and governed by the Thailand National Health Care Act 2007.

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