Power of Attorney in Thailand

A Power of Attorney in Thailand is a legal instrument that grants authority to a designated person (the agent or attorney-in-fact) to act on behalf of another person (the principal) in specific legal, financial, or administrative matters. The POA is governed by the Thai Civil and Commercial Code (CCC) and is widely used in real estate transactions, company matters, litigation, banking, immigration, and family law procedures.

While the concept is broadly recognized, Thai legal practice imposes specific requirements depending on the purpose and jurisdiction of use. Notably, for matters involving land, company registration, or court representation, the POA must follow strict formatting, language, and authentication rules, especially when executed outside Thailand.

This article provides a comprehensive legal analysis of the use, validity, types, and enforceability of powers of attorney in Thailand, with practical emphasis on real estate, company, and litigation contexts.

1. Legal Basis for Power of Attorney in Thailand

1.1 Governing Law

• Thai Civil and Commercial Code (CCC)

  • Section 797–806 (Agency and Representation)

• Specific administrative regulations:

  • Land Department regulations for real estate-related POAs

  • Ministry of Commerce forms for company-related POAs

  • Court of Justice regulations for litigation POAs

2. Definition and Legal Effect

A Power of Attorney is a declaration of intent by the principal to authorize another person to act in their name and on their behalf, within defined limits.

Under Thai law, POA is considered a form of agency and is revocable unless otherwise stipulated.

3. Types of Power of Attorney in Thai Legal Practice

4. Execution Formalities in Thailand

4.1 General Requirements

• Must be in writing

• Signed by the principal

• Signature of two witnesses (optional for general POA, but often required in practice)

• Date and place of execution

• Thai or dual-language text is highly recommended

4.2 Government-Issued Forms

Some agencies require use of standardized POA forms, including:

These forms must often be signed in front of an official or notarized, especially when executed abroad.

5. Executing a Power of Attorney Abroad (For Use in Thailand)

5.1 Authentication Steps

If a POA is signed outside Thailand, it must be:

1. Notarized by a licensed notary public in the country of execution

2. Certified by the Thai Embassy or Consulate in that country

Documents not properly legalized will not be accepted by Thai authorities.

5.2 Translation

• If written in a foreign language, it must be translated into Thai

• The translation must be certified by a licensed translator

• Some agencies may require sworn or certified translations

6. Duration and Revocation of Power of Attorney

6.1 Duration

• POAs may specify an expiry date

• If silent, they are effective until:

  • The purpose is fulfilled

  • Revoked by the principal

  • Death or incapacity of principal (unless durable clause included)

6.2 Revocation

• The principal may revoke the POA at any time by:

  • Written revocation notice

  • Informing the agent and any third parties affected

• Some actions (e.g., land sales) may require revocation to be registered

7. Common Applications of POA in Thailand

7.1 Real Estate Transactions

• Sale or purchase of land, condominium, or house

• Leasing or registering mortgage

• Used often when principal is abroad or unavailable

Must use Form Tor Dor 21, with witness signatures and specific authorization for price, location, and transaction details

7.2 Business and Corporate

• Appointing representative to file company documents

• Signing shareholder resolutions or BOJ 5 forms

• Opening or managing a bank account

Requires company affidavit, ID of grantor and grantee, and sometimes DBD-approved POA format

7.3 Litigation and Legal Representation

• Representation in court by Thai attorney

• Required for both civil and criminal litigation

• Must be in Form Or.10, with court clerk endorsement

7.4 Banking and Financial Matters

• Collecting or depositing funds

• Closing or opening accounts

• Accessing safety deposit boxes

Banks often require bank-specific POA forms and ID verification of the grantee

8. Legal Limitations and Invalidity

A POA may be invalid or unenforceable in the following cases:

• Lack of proper authentication (especially for foreign POAs)

• Overbroad or vague terms (e.g., “all legal actions”)

• Executed without proper authority or capacity

• Used after principal’s death or incapacity (unless durable provisions apply)

Thai law does not automatically recognize durable or springing POAs, and there is no statutory equivalent to guardianship or advance directives.

9. Liability and Legal Risk

Principal’s Liability

• Principals are generally bound by the acts of the agent within the scope of the POA

• If the agent exceeds authority, the act may be voidable

Agent’s Duties

• Must act in good faith and within granted authority

• May be liable for damages if acting negligently or unlawfully

• Cannot delegate authority unless expressly allowed

Conclusion

The use of a Power of Attorney in Thailand is a practically indispensable legal tool, especially for non-residents and those engaged in property, corporate, or legal transactions requiring representation. However, the enforceability of a POA depends heavily on its proper drafting, execution, legal form, and registration requirements, particularly for government-related functions.

Foreign individuals or corporate entities intending to use a POA in Thailand must ensure that it meets all notarization, legalization, and translation standards, and that the agent understands the limits of their legal authority under Thai law.