The Power of Attorney (POA) is an essential legal instrument in Thailand, frequently used by both Thai nationals and foreign individuals to delegate legal authority to another party. It is especially relevant in situations where a person cannot be physically present to conduct legal, administrative, or financial transactions, such as property registration, visa applications, company registration, or court appearances.
Unlike some jurisdictions where POAs can grant nearly unlimited powers, Thai law imposes strict formalities and limitations depending on the nature of the transaction, the identity of the parties, and the institution involved.
This article provides a comprehensive and practice-oriented view of how Powers of Attorney operate in Thailand, covering legal definitions, procedural requirements, types, risks, and use in both public and private sectors.
1. Legal Foundation of Power of Attorney in Thailand
A Power of Attorney is governed primarily by the Civil and Commercial Code (CCC) of Thailand, under the provisions related to:
- Agency (Sections 797–809 CCC)
- Mandate (Sections 797–863 CCC)
- Representation and authorization
In Thai legal terms, a POA functions as a form of mandate, whereby the principal (grantor) authorizes the agent (attorney-in-fact) to act on their behalf. The agent’s actions within the authorized scope bind the principal as if the principal had acted directly.
2. Types of Power of Attorney
POAs in Thailand can be categorized based on their scope and purpose:
A. General Power of Attorney
Grants the agent broad authority to perform a wide range of legal or financial actions. Commonly used in:
- Managing property
- Handling banking transactions
- Representing in civil or administrative matters
It must be carefully worded to avoid ambiguity and often requires notarization or legalization if executed overseas.
B. Special (Specific) Power of Attorney
Limits the authority to a specific task or transaction, such as:
- Selling or buying real estate
- Registering a company
- Collecting a passport
- Applying for a visa on behalf of someone
This is the most widely accepted form in Thai practice and is often required by government agencies like the Land Department, Immigration Bureau, or Department of Business Development in a predefined format.
3. Format and Execution Requirements
The validity and enforceability of a POA in Thailand depend largely on formality and authentication, especially when dealing with government agencies.
A. Language
- The POA should be in Thai, or bilingual (Thai and English).
- If executed abroad, a certified Thai translation is often required before it can be used in Thailand.
B. Signature and Witnessing
- The principal must sign the POA in front of witnesses or a notary public, depending on where it is signed.
- For use in a government agency, such as the Land Office, the signature may need to be notarized or legalized, especially if the signatory is overseas.
C. ID Requirements
- Thai citizens must attach a copy of their Thai ID card and house registration.
- Foreign nationals must attach a copy of their passport.
- In some cases, the agent’s ID must also be attached.
4. Power of Attorney at the Land Department
One of the most frequent uses of POA in Thailand is for property transactions, especially when the buyer or seller cannot attend the Land Office in person.
Requirements:
- Must use Form Tor Dor 21 – the Land Department’s official POA form.
- Must specify the property, the type of transaction (sale, gift, lease, etc.), and the authority granted.
- If signed outside Thailand, it must be:
- Notarized by a notary public
- Legalized by the Thai Embassy or Consulate in the country of execution
Common Rejections:
- Alterations to Form Tor Dor 21
- Lack of proper legalization
- Broad or vague wording not aligning with a specific transaction
The Land Department enforces formalities strictly, and any deviation may cause the transaction to be delayed or rejected.
5. Power of Attorney for Court and Legal Proceedings
An individual may also issue a POA to allow a lawyer or representative to:
- Appear in court
- Submit petitions
- Attend hearings
In this context, the POA is attached to the court filing, and the attorney-in-fact (usually a licensed Thai lawyer) must be formally registered with the Lawyers Council of Thailand.
Note: Criminal proceedings involving serious charges generally do not allow delegation through POA except in procedural stages, unless permitted by the court.
6. Corporate Use of Power of Attorney
Companies incorporated in Thailand often use POAs to delegate authority to employees, lawyers, or third-party agents.
Common scenarios include:
- Signing contracts
- Managing company bank accounts
- Submitting documents to the DBD or Revenue Department
Corporate POA Requirements:
- Must be issued on company letterhead
- Signed by the authorized director
- Accompanied by a copy of the company affidavit
- Sealed with the company stamp (if one exists)
Failure to meet these formalities may render the POA unenforceable.
7. Validity Period and Revocation
A POA may be:
- Time-limited (e.g., valid for 90 days)
- Event-limited (e.g., until the transaction is completed)
Under Thai law, a POA can be revoked at any time, unless it is given as an irrevocable mandate for the agent’s benefit under a binding contract (Section 805 CCC).
Revocation must be in writing and should be:
- Notified to the agent
- Notified to third parties if actions have already been undertaken
8. Risks and Legal Consequences
Granting a POA in Thailand involves legal risk, particularly in cases of:
- Unauthorized transactions
- Fraud or misrepresentation
- Misuse of authority
The principal may be held liable for the agent’s actions within the scope of the POA, even if personally unaware. For this reason, clear limitation of authority and documentation of the agent’s actions are recommended.
In cases of fraud or forgery, the principal must initiate legal proceedings to:
- Void the transaction
- Recover damages
- Possibly pursue criminal charges under the Thai Penal Code
9. Power of Attorney from Abroad: Legalization Process
When a foreigner executes a POA overseas for use in Thailand, it must follow a multi-step legalization process:
- Signed before a Notary Public
- Authenticated by the Ministry of Foreign Affairs or equivalent in the country of execution
- Legalized by the Thai Embassy or Consulate
Only then will Thai authorities—particularly the Land Department and Immigration—accept the document as valid.
Some countries are parties to the Hague Apostille Convention, but Thailand is not, which means apostilles are not accepted in place of consular legalization.
10. Common Use Cases of POA in Thailand
| Use Case | Notes |
|---|---|
| Property sales | Requires Form Tor Dor 21 and full legalization if overseas |
| Immigration services | Visa extensions, 90-day reporting, TM30 filing |
| Company registration | DBD requires company affidavit and director-issued POA |
| Court representation | Allowed for procedural acts; not for trial without approval |
| Vehicle registration | Accepted by the Department of Land Transport with proper ID |
| Banking transactions | Banks may accept, reject, or impose their own format |
Each agency may require its own format and level of legalization, underscoring the importance of checking procedural rules in advance.
Conclusion
In Thailand, a Power of Attorney is a powerful and versatile legal instrument that must be crafted with precision, legal awareness, and administrative foresight. While it enables flexibility and representation, its misuse or improper execution can lead to transactional invalidity, financial loss, or even criminal liability.
Thai law enforces POA rules strictly—particularly for property, corporate, and government transactions. As such, parties intending to issue or rely on a POA are strongly advised to seek legal review to ensure that all statutory, linguistic, and procedural requirements are met.