Power of Attorney is an instrument that authorizes one individual to act on another’s behalf. Our law firm in Thailand can assist you in drafting and notarizing this important document.
It is essential that both the Grantor and Agent be in capacity to execute this document. Also, it must comply with formal and substantial fundamentals set out in the applicable legislation.
What is a Power of Attorney?
A Power of Attorney is an instrument which allows one person to act on behalf of another. The individual giving the authority is known as the Principal or Grantor, while the person receiving the authority is known as the Agent.
The Power of Attorney can either be general, granting broad legal authority, or special, limiting the scope to specific deeds such as purchasing or selling land or property. A Power of Attorney can also be revoked at any time by the Principal.
Power of Attorneys are required for many different transactions. Various government offices have their own forms for different transactions. For example, if you want to sell or register your property in Thailand you will need to use the Tor dor 21 (land office) form. The requirements for a Power of Attorney vary from office to office, and most will require that the signature be certified by a notary public Thailand. We can help with drafting and notarizing a Power of Attorney, including ensuring that it complies with Thai law.
What are the requirements for a Power of Attorney?
Power of Attorney (POA) is an instrument that gives a person authority to act on another’s behalf. The person giving the authority is known as the Principal or Grantor and the one receiving the authority is known as the Agent or Attorney-in-Fact.
It is important to clearly define the activities that a POA will authorize and any special conditions in order to avoid any disputes in the future. It is also advisable to have a Power of Attorney notarized in order to strengthen its validity and enforceability.
Whether you need to give someone authority over your property or business in Thailand for short term specific transactions or on a more permanent basis (durable power of attorney) Umpire Legal can expertly draft a Power of Attorney tailored to your needs. We can assist you by ensuring that your Power of Attorney is valid and enforceable in accordance with Thai law. This is vital as each government agency will have their own specific requirements for accepting a Power of Attorney.
What are the benefits of a Power of Attorney?
If you are not able to be present at the transfer of ownership in the Land Office, it is possible to authorize someone else to represent you. For this purpose, you will need to prepare and submit a Power of Attorney. Our law firm specializes in drafting these documents to ensure that they comply with all formal and substantial requirements of the Thai Law.
These instruments give another person the authority to perform a certain act on behalf of the person who gives them the authorization, legally named the Grantor. Power of Attorneys can be general and confer broad legal authority or special and limited to particular deeds.
For foreigners living or doing business in Thailand, these documents are not only a necessity but also a convenience. For example, a power of attorney can be used to obtain documentation necessary for maintenance of businesses and dealing with the various government departments that require special powers.
How do I get a Power of Attorney?
The requirements for a Power of Attorney in Thailand vary from office to office. For example, the requirements for a POA required for selling or registering property in your name at the Land Department will be different than those for opening a bank account.
Additionally, the applicable law requires that both parties are in capacity in order to execute the powers granted. Finally, the POA must be notarized to make it more enforceable.
Having a power of attorney in place is essential for any expat planning their long term future in Thailand. Our firm can help you create a comprehensive power of attorney in accordance with the local legislation to make sure it is effective and enforceable. This may include a situs will to ensure your US will does not accidentally revoke a Thai power of attorney, or a Living Will to establish care in the event you are incapacitated. Please request a call back to get started.
