Power of Attorney in Thailand

In Thailand, the Power of Attorney (POA) is an essential legal tool that allows one person to authorize another to act on their behalf in legal, financial, or administrative matters. From property transactions and company representation to visa applications and banking, POAs are widely used by both Thai nationals and foreigners. Understanding how POAs work under Thai law is crucial to ensure that they are valid, enforceable, and accepted by the relevant authorities.

This article explores the legal framework of Powers of Attorney in Thailand, the different types, formal requirements, practical applications, and important considerations for both individuals and businesses.

Types of Powers of Attorney in Thailand

Powers of Attorney in Thailand can be broadly categorized into two types:

1. General Power of Attorney (GPOA)

• Grants broad authority to the agent to manage a wide range of the principal’s affairs.

• Typically used when the principal is absent for an extended period.

• Common among expatriates who entrust someone in Thailand with handling banking, business, or personal matters.

• However, Thai government agencies are often reluctant to accept overly broad POAs and may require a special POA tailored to the specific transaction.

2. Special Power of Attorney (SPOA)

• Grants authority limited to a specific task or transaction.

• Widely used in practice in Thailand. Examples include:

  • Selling or transferring land or a condominium at the Land Office.

  • Registering a company on behalf of shareholders or directors at the DBD.

  • Collecting documents or receiving funds from government offices.

  • Applying for or renewing visas and work permits.

• Many government offices provide their own official POA templates, which must be strictly followed.

Formal Requirements for a Valid POA

For a Power of Attorney to be legally valid and accepted by Thai authorities, certain requirements must be met:

1. Written Form

   • POAs must be in writing. Oral authorizations are not generally recognized by government offices.

2. Signature of the Principal

   • The principal must sign the POA. In some cases, the agent must also sign.

3. Identity Documents

   • Copies of valid identification must be attached:

     • Thai nationals: Thai ID card and house registration (tabien baan).

     • Foreigners: Passport, visa, and/or work permit.

4. Witnesses

   • Some POAs require signatures of one or two witnesses.

5. Certification/Notarization

   • If executed abroad, the POA must be notarized and legalized before it can be used in Thailand.

   • If executed in Thailand, some government offices require certification by a Notarial Services Attorney.

6. Specific Forms

   • Certain agencies require POAs to be prepared on official forms. For example:

     • The Land Department requires the use of Form Tor Dor 21 for property transactions.

     • The Revenue Department and DBD have their own prescribed POA templates.

7. Language

   • Government offices typically require the POA to be in Thai language. If the POA is drafted in another language, an official Thai translation must be provided.

Powers and Limitations of Agents

The agent’s authority is strictly limited to what is written in the POA:

• Scope of authority: The agent can only perform actions expressly authorized.

• Good faith: Under CCC Section 806, the agent must act in good faith and for the benefit of the principal.

• Accountability: The agent is required to provide an account of their actions and hand over any property received on behalf of the principal.

• Termination: The POA is automatically revoked upon the death, incapacity, or bankruptcy of either party, unless otherwise agreed.

Common Uses of POAs in Thailand

Powers of Attorney are frequently used in both personal and business contexts:

1. Property Transactions

   • Selling, purchasing, or transferring land or condominiums at the Land Department.

   • Leasing property or registering mortgages.

2. Corporate Matters

   • Signing incorporation documents at the Department of Business Development.

   • Authorizing directors or representatives to act on behalf of a company.

   • Attending shareholder meetings.

3. Banking and Finance

   • Opening or closing accounts.

   • Authorizing transactions when the account holder is abroad.

4. Immigration and Employment

   • Applying for or extending visas.

   • Processing work permit applications.

5. Litigation

   • Authorizing a lawyer to represent a party in court.

   • Filing claims or defending lawsuits.

Executing a POA Abroad

Foreigners often need to grant a POA while outside Thailand. The process depends on where it is executed:

• In the home country: The POA must usually be signed before a notary public in Thailand, then legalized by the Ministry of Foreign Affairs of that country, and finally authenticated by the Royal Thai Embassy or Consulate.

• In Thailand: Foreigners can sign the POA before a Notarial Services Attorney or, in some cases, directly at the relevant government office.

Revocation and Termination of POA

A POA does not last indefinitely. It may be terminated by:

• Completion of the authorized transaction.

• Expiration of a stated period in the POA.

• Revocation by the principal (must be in writing and communicated to the agent and relevant third parties).

• Death, incapacity, or bankruptcy of either party.

To prevent disputes, it is best to clearly state the validity period and revocation terms in the POA itself.

Special Considerations for Foreigners

Foreigners should be especially careful when using POAs in Thailand:

• Language barrier: Always ensure the POA is properly translated and understood before signing.

• Property laws: Foreigners face restrictions on land ownership, so POAs for property transactions must comply with Thai ownership regulations.

• Authentication: Foreign-executed POAs must go through proper legalization to be recognized in Thailand.

• Legal advice: Consulting a Thai lawyer ensures the POA complies with Thai legal requirements and the specific demands of government offices.

Practical Tips

• Use official forms: For transactions with government agencies, always use their prescribed POA template.

• Be specific: Clearly define the agent’s powers to avoid misuse.

• Keep it updated: Do not use outdated POAs; many agencies require recent documents (within 3–6 months).

• Notarize when abroad: Ensure proper notarization and legalization if the POA is signed outside Thailand.

• Seek legal assistance: Especially for high-value transactions, professional guidance is essential.

Conclusion

The Power of Attorney in Thailand is a practical and legally recognized instrument that enables individuals and businesses to delegate authority for specific tasks. While the concept is straightforward, the formal requirements are strict, particularly when dealing with government offices such as the Land Department or the DBD.

For Thai nationals, POAs are often used to simplify property, business, or administrative dealings. For foreigners, POAs are indispensable when they cannot be physically present in Thailand but need to handle property, corporate, or immigration matters.

Because the validity of a POA depends on compliance with Thai legal standards—and because improper execution can render it useless—it is always advisable to prepare POAs carefully, use official forms where required, and seek professional legal assistance.