Power of Attorney (PoA) is a legal tool that allows individuals to delegate authority for specific circumstances. It can be drafted by lawyers to ensure that the document accurately reflects their intentions, and can also be notarized and authenticated.
PoAs in Thailand can be either General or Special, depending on the scope of powers granted to the Agent. They must follow official templates in order to be valid and enforceable.
General Power of Attorney
In the midst of Thailand’s dynamic legal and business landscape, Power of Attorney remains an important instrument enabling individuals to empower another person with broad or limited authority to act on their behalf. To be valid and legally recognized, these documents must be carefully drafted. Our team can help you navigate these complexities.
We can draft both general and special powers of attorney, with or without limitations. In addition, we can have them notarized by a certified Thai Notary Public and, for international use, authenticated by the Ministry of Foreign Affairs or a designated Apostille office. This adds to the validity of the document and can be essential for institutions that require this. It also prevents confusion or disagreements over the scope of the PoA, as it can only be revoked by the grantor or expire when specific acts are completed. Our firm can also assist with the preparation of a special form required to represent property owners at the Land Office.
Special Power of Attorney
Powers of attorney are a flexible legal tool that empowers individuals to delegate authority in different situations. However, it is important to draft the document carefully so that the scope of powers granted is clearly specified. Furthermore, a POA must be notarized in order to have full legal force. AO’s experienced legal team can help ensure that the instrument is legally sound and accurately reflects your intentions. They can also guide you through any complications that may arise and provide representation in case disputes or problems arise.
Foreigners purchasing property in Thailand need a special form of POA to complete the transfer of ownership at the land office. Our firm can prepare this for you as well as a general power of attorney that meets the requirements of the land department and other institutions. We can also provide a notarized copy of your passport bearing duty stamps for use in the transaction. A POA can be revoked at any time by the grantor.
Land Office Power of Attorney
If you are buying property in Thailand and cannot be present during the transfer process at the Land Office due to unforeseen circumstances, a PoA can allow someone you trust to complete the transaction on your behalf. Our firm can help you draft and notarize this type of document as well as all other documentation required for a successful property transaction.
Powers granted to the agent must be clear and specific. Ambiguities can lead to misunderstandings and misuse of authority. The PoA should also clearly state its duration and how it may be revoked, if applicable.
Both the Grantor and the Agent must be of legal capacity to execute the document. It should also comply with formal and substantial requisites such as being notarized after being signed by both parties. It must also be completed with the same ink (not a different color) and a same type of pen or typewriter. If executed outside of Thailand, it will require certification by a Thai embassy or consulate or a Notary Public.
Notarial Power of Attorney
If you are planning to purchase property in Thailand, your agent will require a special form of power of attorney to represent you at the Land Office. Our firm can draft and notarize this for you, as well as other documents required to complete a property transfer in Thailand.
Powers of attorneys are a useful tool for managing your affairs when you cannot be present. However, they must be drafted carefully to safeguard your interests and comply with Thai law. Our legal professionals can help you tailor a PoA to your specific needs, and ensure that it is enforceable in the event of an unforeseen circumstance.
Local legislation stipulates that both the Principal and Agent must be legally competent to grant or execute powers enumerated in a PoA. In addition, the document must also meet other formal and substantial requisites, including being signed in the presence of witnesses or a Notarial Services Attorney. Our foreign and Thai lawyers can provide consultation and assistance in drafting a valid Power of Attorney in Thailand.