Power of Attorney allows individuals to delegate decision-making to others. When drafted properly, it facilitates convenience, flexibility and efficiency in legal, financial, medical and personal matters.
Thai government departments require the use of their own standard POA formats for specific transactions. For example, when selling or registering land or condominium ownership in Thailand you must complete a government template known as Tor Dor 21.
General Power of Attorney
The general power of attorney is a document that allows one person to act on behalf of another. The person who gives the power of attorney is called the “Grantor” or “Attorney-in-fact.” The grantor can also choose to limit the power of attorney to certain specific transactions or situations.
The power of attorney must be written in clear handwriting and in consistent ink color or type, or it can be deemed invalid. Also, the power of attorney must be signed by both parties in the presence of witnesses and a notary.
Siam Legal has branches throughout Thailand that can offer consultation to both the Grantor and the Agent prior to drafting and notarization of this instrument. It is also important that the notarized power of attorney conforms to all other formal and substantial requisites under Thai law. The notarized power of attorney will then be acceptable for use in Thailand. This is especially important if you intend to use the power of attorney in connection with a real estate transaction.
Special Power of Attorney
If a foreigner intends to buy and sell property or transfer ownership in Thailand, he/she may need a power of attorney to authorize another person to handle the transaction. This type of power of attorney is called a special power of attorney and can only be used for specific short term transactions.
To be valid, this power of attorney must be signed by the principal and at least one witness. It should also be legalized or notarized by the Embassy of Thailand or Consular Office depending on the location of the signing.
Our firm provides complete service for the drafting and notarization of a power of attorney in Thailand for both local and international clients. We consult with both the principal and agent before preparing this important legal instrument. Powers of attorney are essential instruments for foreigners residing or doing business in Thailand. Understanding the types, requirements and considerations is crucial. A properly drafted power of attorney can facilitate legal, financial and personal matters in a variety of situations.
Transfer of Ownership
If you’re thinking of purchasing a property in Thailand or transferring ownership from your name to another one, you’ll have to grant Power of Attorney to someone that has authority to do so. This process requires adherence to strict legalities and must follow specific templates depending on the transaction and matter at hand.
Having a well-drafted POA will enhance convenience, flexibility, and efficiency in many situations and transactions. It also allows individuals to delegate decision-making to trusted representatives, protecting their interests while maintaining full control over their legal and personal affairs.
If you plan to purchase a property in Thailand or transfer ownership from your name to another one, you’ll need a Special Power of Attorney (SPA) that follows a specific government template. A notarized SPA is required to be submitted at the Land Department and may be needed to be sent to your country of residence for further notarization or authentication by the embassy/consulate there.
A Power of Attorney is a legal instrument granting authority to one person (the attorney-in-fact) to act on behalf of another. Local legislation states that both the Principal and Agent must be legally capacitated to grant and execute the powers enumerated in the POA, as well as conforming to other formal and substantial requisites of law for it to be considered valid and enforceable.
For non-residents, obtaining a notarized POA for the transfer of ownership or for other transactions can prove to be an inconvenient and lengthy process. Siam Legal has branches strategically located around the country and can provide a wide range of services including drafting, notarization, and consultations for both the Principal and Agent.
The Royal Thai Embassy does not notarize Power of Attorney documents signed by a foreigner directly. A complete application form for legalization must be presented along with the original Power of Attorney document. Our team of foreign and Thai lawyers can assist you with this process.