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What is a Power of Attorney?
A Power of Attorney (POA) is a document in which one person (the principal) appoints another person to act as an agent on his or her behalf. This confers authority on the agent or Attorney-in-Fact to perform certain acts, private affairs, business, or other legal matters on behalf of the principal.
Can a general form of POA be used in Land Office transactions?
A buyer or seller of real property who wishes to authorize another person to act on their behalf must fill in and sign the power of attorney form specially provided by the Land Office. The Land Department branch offices in Thailand only accepts the official standard Land Department’s Thai script ‘Power of Attorney’ (Tor Dor 21 for land and house; Or Chor 21 for condominium). Using these forms will make sure that the principal gives all the required information. The completed form, together with a certified copy of the principal’s citizen ID card or passport and visa, are then presented by the agent to the Land Office official.
How can I protect myself when signing a POA?
To protect the interests of the principal and other interested parties, the principal must:
- clearly fill in all important details of the land or other real property, e.g., building, house;
- clearly specify the authorized act(s) and the scope of the power authorized like buying, selling, mortgaging, including any special conditions;
- avoid writing with inconsistent handwriting or ink colour or, if typing, using different typewriters;
- specify the number of words erased, added, changed, and crossed out (if any) and sign where each affected word is;
- neither sign the form before filling in completely and according to the principal’s wishes nor sign a blank form; and
- have at least one or, if the principal’s fingerprint instead of affixing the signature, two witnesses sign the completed form (witness’s fingerprint is unacceptable). If the agent is the principal’s wife, the principal must sign as a witness and must give his written consent.
What if the principal is outside Thailand?
The principal must have the completed form legalized/notarized by the embassy or consular office/a notary public if completing the form outside Thailand.
For how long is a Power of Attorney for property registration valid?
The normal validity of a POA is 3 months from the date of signing. This shall also depend on the officer’s consideration at the Land Office.
Can one agent represent both parties at the same time?
An agent can represent both parties at the same time. If the agent represents both parties, the principal must clearly specify in the POA their consent to the agent representing the other party.
Do I need to have my documents translated to Thai?
You need to submit all documents required by the Land Office such as Birth Certificate, Marriage Certificate, Death Certificate, etc. in Thai. Translated documents must first be certified as correct translation of the original document.