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Power of Attorney

Power of Attorney

A Power of Attorney (POA) in Thailand, known as “Krabok-krong” or “Wai-Kru”, is a legal document that allows an individual or entity (the “principal”) to appoint another person or entity (the “agent” or “attorney-in-fact”) to act on their behalf in various legal, financial, or administrative matters.

By choosing to be assisted by ATA Outsourcing, you benefit from increased legal security, ensuring strict compliance with legal formalities.

 Here’s an overview of the Power of Attorney in Thailand:

Types of Power of Attorney

In Thailand, there are different types of Power of Attorney, including general, special, and specific POAs. A general POA grants broad authority to the agent to act on behalf of the principal in various matters, while a special or specific POA limits the agent’s authority to specific actions or transactions.

power of attorney

Scope of Authority

The Power of Attorney document specifies the scope of the agent’s authority, which can include handling financial transactions, signing contracts, managing property, representing the principal in legal proceedings, or making healthcare decisions on behalf of the principal.

Formalities and Requirements

To create a valid Power of Attorney in Thailand, certain formalities must be followed. The document must be in writing and signed by the principal in the presence of at least two witnesses. If the POA involves real estate transactions or other specific matters, it may need to be notarized or registered with the relevant authorities.

Duration and Revocation

A Power of Attorney in Thailand can be either temporary or enduring. A temporary POA is valid for a specific period or until a particular task is completed, while an enduring POA remains in effect even if the principal becomes incapacitated. The principal can revoke or cancel the POA at any time, provided they are of sound mind and capacity.

 

Agent's Duties and Responsibilities

The agent appointed under a Power of Attorney in Thailand has a fiduciary duty to act in the best interests of the principal and to follow the instructions specified in the POA. They must exercise their authority prudently, responsibly, and in accordance with Thai law.

Use Cases

Power of Attorney documents are commonly used in various situations in Thailand, such as real estate transactions, business dealings, banking matters, estate planning, and healthcare decisions. They can be particularly useful for individuals who are unable to handle their affairs personally due to travel, illness, or other reasons.

Legal Advice

It’s advisable to seek legal advice from a qualified lawyer in Thailand when creating or executing a Power of Attorney. A lawyer can provide guidance on the drafting of the document, ensure compliance with Thai law, and help address any specific requirements or concerns of the principal.

Overall, a Power of Attorney in Thailand is a valuable legal tool that allows individuals to delegate authority to trusted representatives to act on their behalf in various matters, providing flexibility and convenience while ensuring that their interests are protected.

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