There can be instances in which a person cannot execute an important transaction due to certain circumstances and so an option for him is to appoint someone to act on his behalf. However, the appointed person cannot simply act accordingly if he has no legal representation to do so.
A Power of Attorney from the person who gives authority is needed for the appointed person to possess a legal representation.
To differentiate, the individual who gives the authority is the Principal or Grantor while the recipient of the authority is the Agent or Attorney-in-Fact.
In Thailand, there are two types of Power of Attorneys, the General Power of Attorney (GPA) which has the greater scope and durability and the Special Power of Attorney (SPA), the form of POA with limited scope and durability.
The applicable law of Thailand prescribes the Grantor and the Agent to be both in capacity and also capable in granting and executing the authorized acts as contained in the POA. The law also provides for formal and substantial requisites that the POA must be conformed to and one of these is the need for the instrument to be signed by both parties and then be notarized.
Our Thai Law Firm
We have branches strategically located all around the country, providing various legal services among which are drafting and notarization of Powers of Attorney to make these instruments legal and enforceable under Thai law.
Furthermore, before the drafting and notarization of the instrument, Siam Legal’s foreign and Thai lawyers will first set a consultative audience with both the Grantor and the Agent.