A Power of Attorney in Thailand is a legal instrument that authorizes another person to act on your behalf. It’s important that the document meets legal requirements and reflects your intentions.
Whether you’re facilitating real estate transactions or managing your financial affairs, our attorneys can help you draft a Power of Attorney that meets your needs.
A Power of Attorney (POA) is a legal document that gives another person authority to act on behalf of an individual in certain situations. This legal arrangement empowers individuals to delegate responsibilities and decisions to trusted representatives, offering convenience and flexibility.
Power of attorneys are typically used for short term, specific transactions that the grantor can’t or does not wish to handle themselves. The grantor can also choose for the representation to continue in the event that they become incapacitated or mentally ill, similar to a “living will” (unlike a last will).
Depending on the situation and purpose of a POA, it must adhere to formal and substantial legal requirements including being signed by both parties, and being certified by the Ministry of Foreign Affairs of Thailand and/or a Thai embassy/consulate or notary public if completed abroad. It’s best to seek legal advice when drafting a Power of Attorney to ensure it meets the requirements in your situation.
A Power of Attorney is a legal instrument that allows an individual to delegate his or her legal authority to another person, usually in specific situations like property transactions. The person giving the power of attorney is called the Principal or Grantor and the person who receives it is the Agent or Attorney-in-Fact. The applicable law dictates that both parties must be legally capacitated to execute the powers and duties that they are granting to one another.
Siam Legal has branches strategically located all over Thailand and provides various legal services among which is drafting and notarizing Powers of Attorney in compliance with Thai laws. Before drafting the Power of Attorney, our foreign and Thai lawyers will consult the grantor and the agent to ensure that it is tailored to meet their specific needs and requirements. Besides, the completed document must be legalized by the embassy or consular office of the country where it was drafted (or a notary public in some cases) to make it valid in Thailand.
Powers of Attorney are valuable legal instruments enabling individuals to delegate responsibilities and facilitate transactions efficiently. However, their drafting and execution requires diligence and cultural sensitivity in light of local legislation and requirements.
A POA can be General, conferring broad legal authority, or Special and Limited in scope. It can be revocable or continue (durable) in the event of the principal’s incapacity.
It is essential that both the Grantor and Agent have the capacity to sign the document. The document must also be notarized for it to be valid. In case the document is for international use, it might need to be legalized by the Ministry of Foreign Affairs or obtain an Apostille.
If you need a Power of Attorney in Thailand, Umpire Legal can provide consultation and assist with drafting the document to suit your needs. We can help ensure that the document meets all formal and substantial requirements set out in Thai law.
A Power of Attorney is a valuable legal tool that can be used to delegate authority for various transactions. It is important to understand the type, process, and uses of a Power of Attorney in order to utilize it effectively.
For foreigners engaged in business and real estate transactions, a POA is a crucial instrument to facilitate a variety of operations. For example, a foreigner can grant a POA to their trusted agent to manage their property investments or sign agreements on their behalf.
When executing a POA, the applicable law requires that both parties are legally capacitated and capable of giving and executing the authorized actions in the POA. It is also important to clearly specify the scope of the authority and include any special conditions. It is also recommended to have the POA notarized by an embassy, consular office, or notary public. Umpire Legal is ready to advise and assist with drafting your Power of Attorney in Thailand.
A Notary Public is an official licensed by the government to authenticate signatures and documents and witness affidavits or statements of persons under oath. This lends credibility to legal and business documents for use both domestically and internationally.
For documentation intended for international use, additional processes like legalization and obtaining an Apostille may be required. GAM Legal Alliance’s Notary Service Attorneys can assist you in this process.
In most countries, a notary is an official licensed by the government to authenticate signatures or documents and witness affidavits or statements made under oath. In Thailand, the Lawyers Council grants lawyers the Notarial Services Attorney role to enable them to function as notaries public or attestation agents.
The consular section of the US Embassy in Bangkok can provide notarial services such as acknowledgment of signature and power of attorney and certified copies of passports. However, there are certain notarial services the embassy cannot perform and these include notarized copies of academic certificates, marriage, birth or divorce certificates issued in the US and that require authentication from the Department of State.
Documents that originated outside of Thailand, such as a University Degree, Non-Criminal Background Check, Corporate Documents or Affidavits will need to be notarized and then authenticated by the Ministry of Foreign Affairs of Thailand Legalization Division (some English documents issued by Thai official agencies do not need to be notarized and can be directly submitted for authentication). Siam Legal can assist with the process of having your documents notarized and then authenticated.
Many countries require that documents or signatures to be used in their territory are authenticated or legalized. In this case, a Notary Public can be of assistance.
In Thailand, we have around 4,000 Thai lawyers who have been notified by the Lawyers Council to operate as “notarial services attorneys” and can authenticate signatures or affidavits. However, the country has never enacted legislation to inaugurate a notary system and these notary services attorneys do not have the authority to administer oaths nor are they bonded.
As Thailand is not a member of the Hague Convention on Legalization of Foreign Public Documents, you may need to have your notarized documents further legalized or authenticated at the Ministry of Foreign Affairs of Thailand or at your embassy in Bangkok. Siam Legal can assist with this.
In most countries, a Notary Public is an official fully licensed to put into practice the authentication of documents or signatures and witness affidavits or statements of persons under oath. A notarized document is recognized as authentic because it has been certified by a neutral person and guaranteed by law.
In Thailand, there is no notary public but around 4,000 Thai qualified lawyers have been endorsed by the Lawyers Council to function as “notarial services attorneys” under a regulation released in 2008. As far as we know, the government has never implemented legislation inaugurating a notary public system in this country. Nevertheless, there are times that certain documents require the authentication or certification of a notary in order to be accepted in another jurisdiction or to be taken to your Embassy for legalization. These include proof of address, passports, birth certificates and powers of attorney. These are usually required by institutions such as banks, schools or governments.
Whether it is for a passport application, visa extension, or affidavits for work, many Thai citizens need documents authenticated and certified. A notary is an official whose job it is to verify and validate signatures, witness oaths and statements of individuals under oath and certify and authenticate documents of different classes.
Authenticated documents are often required by institutions like banks, schools, foreign embassies and private companies. Authentication of signatures and documents is done by a Notary or Notary Service attorney, who are authorized by the Lawyers Council of Thailand to perform authentication services regulated under the law.
The Consular Section of the US Embassy in Bangkok and Chiang Mai has suspended all nonimmigrant visa and notarial services until further notice. When routine services resume, we will post an announcement on this page. Thank you for your patience and understanding. The Embassy is currently focused on assisting American citizens with emergency requests and monitoring the COVID-19 crisis.