A power of attorney is a legal document that authorizes one person (the agent) to act on behalf of another (the principal) in certain matters. The scope of this authority can be broad, granting the agent general powers, or it can be limited to specific functions.
Many people ask for powers of attorney to plan for possible incapacity. A “durable power of attorney” lets someone choose another person to handle their finances, legal matters, or health choices if they can’t due to mental or physical issues. This document stays valid until the person dies, unless they cancel it. It needs to be done correctly according to the laws of the area, often needing a signature in front of a notary or witnesses. But this kind of power of attorney isn’t available in Thailand (more on that below).
The Power of Attorneys for Thailand are mainly governed by the Thai Civil and Commercial Code, specifically Sections 796 to 808, which lay out the fundamental principles of agency, including the rights and duties of the agent and the principal.
The requirements for a power of attorney can vary from one office to another. For example, the Land Department has its own form for selling property, which differs from the form needed to open a bank account. Even within the Land Department, the power of attorney for condominiums differs from that for title deeds (chanote). It is crucial to verify the specific requirements with the respective office or authority when preparing a power of attorney.
Power of Attorney called TD21 – This applies to Nor Sor 3 Kor and Chanotte at the Land Department. It has only one page. The two pages are the front and back. You must also have signed copies of identification documents. In addition, if this power of attorney is signed abroad, it must be notarized. See the Thai version for more details on the last point.
Power of attorneys for Thailand – condos, from land department called Or Chor 21 (อ.ช.21). Like the TD21, when the person is abroad, it must be notarized.