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power of attorney

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Is there anyone around who knows about about the legal bases and issues of guardianship and power of attorney in Thailand? Speaking about powers of attorney for health care and succession declarations. My partner and me gave each other such notarized rights in Germany and would like them to be valid in Thailand as well, to be prepared in event of a serious emergency... Anyone ever dealt with such documents (or their notarized translation?) which shall be valid in Thailand?

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It's a good idea to have the following three documents executed in Thailand:  Final Will, Advance Directive (sometimes called a Living Will) and a General Power of Attorney.  In Chiang Mai where I live Lanna Lawyers offers the three documents as a package deal if your situation isn't complicated.  Other attorneys are qualified to draft these documents also.  Advance Directives are legal in Thailand and well recognized by the hospitals, at least in my experience in Chiang Mai.

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Make clear …. vey clear... to what the power of attorney is limited /purposed or meant to be used …..or you running chance to find your house or possessions changed from owner !

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Very recently I went to a law office to ask if they could create a General Durable Power of Attorney for me in case there are complications from an upcoming heart surgery.

 

I was told that Thai law does not support that type of POA. You can create one but most institutions, banks especially, will ignore them. This is a serious problem for families with someone who is senile, in a coma, etc. 

 

The only path is to wait until the situation arises and then take it to the courts. This will be costly, take a long time, and might not succeed.

 

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2 hours ago, david555 said:

Make clear …. vey clear... to what the power of attorney is limited /purposed or meant to be used …..or you running chance to find your house or possessions changed from owner !

 

I understand what you are saying, but would be very surprised if someone's condo changed possession. This is because the Land Office require their own specialized Letter of Authority to be used. Nothing else is acceptable.

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3 hours ago, mahjongguy said:

Very recently I went to a law office to ask if they could create a General Durable Power of Attorney for me in case there are complications from an upcoming heart surgery.

 

I was told that Thai law does not support that type of POA. You can create one but most institutions, banks especially, will ignore them. This is a serious problem for families with someone who is senile, in a coma, etc. 

 

The only path is to wait until the situation arises and then take it to the courts. This will be costly, take a long time, and might not succeed.

 

I've known of a Thai bank honoring a financial power of attorney, drafted in Thailand for someone who was confined to a nursing home, but still of sound mind.  The person simply couldn't get out to take care of financial business.  This limited POA was accepted after a bank officer visited the person in the nursing home to confirm intention.

 

Mahjongguy, perhaps before your upcoming heart surgery you could visit your branch bank with the person you plan to nominate as your POA and explain what you want to do and have a limited POA drafted that would be acceptable to the bank if something goes wrong with your surgery.  Also, have a Final Will in place, because POAs terminate upon death. 

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Thanks, NancyL. Yes, I do have a Thai will and a Living Will regarding no extreme measures (DNR).

 

Your suggestion regarding a specific agreement with a specific bank officer was mentioned by the attorney I consulted as being the only step she could recommend. I may do exactly that but I (like the OP) was hoping for a much more comprehensive power, to match one that exists for my home country interests.

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2 hours ago, blackcab said:

 

I understand what you are saying, but would be very surprised if someone's condo changed possession. This is because the Land Office require their own specialized Letter of Authority to be used. Nothing else is acceptable.

As I have read once a story from a foreigner who was long hospitalized , and the house roof needed serious repair …. and for that the darling wife needed & was given a letter of attorney …. and seems end story was that the wife put the house on her name by it ….I don't know if they stayed together or not afterwards ... 555   ( maybe done as a " precaution" as not mentioned for what the man was long time in hospital ….. maybe she thought better be sure …..in case of ….😉

 

Just pointing out such letter need to be restricted to the purpose in mind on it .

 

Good thing for Land office to demand …. I think they did that after some things happened as described by me .

Edited by david555

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