May 9

Power of Attorney

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Power of Attorney

At some point in time while living in Thailand you are going to need to sign a power of attorney. There is the General Power of Attorney as well as a Specific Power of Attorney. You will need to look at what you are needing to be done and also look at what can and cannot be done with this power of attorney. Let me explain the difference so you may understand by example.

Power of Attorney

Firstly, the document gives someone you have designated to act on your behalf. This is where the first types of powers of attorneys come to the fore. If you suffer an accident after signing the document and no longer have the ability to think for yourself, say due to a brain injury. The power of attorney will then come to an end. You can have a document that bypasses this by making a durable power of attorney that is not affected by this.

The powers of attorney has to be in writing for most things. The problem with an oral power of attorney is that most institutions will not accept it.  The document has to be signed by the principal and have witness signatures. Some institutions may also only view the document if it has been notarized by a notary public.

The specific power of attorney is when you need to have the attorney act for a specific act. These are normally limited to singing documents to complete a transaction like buying a condominium and having everything signed on your behalf. This would be standard when buying property in Thailand. The general powers of attorney is very wide in terms of its power and not used very often. If the grantor of the power dies or is incapacitated, then the powers of attorney comes to an end. It also comes to an end when the property is transferred or a specific act is completed.

Most property transfers in Thailand will require a limited power of attorney to complete a property transfer. You will need to speak to a property lawyer about the scope and ramifications in this regards when buying any property. This would be the most common use of these documents in Thailand.

Take proper legal advice before buying or renting any property while in Thailand.

 

The information contained on our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.