Why Thailand Has No Lasting Power of Attorney and What To Do if You Lose Capacity

Thailand has no system for a Lasting Power of Attorney. In countries like Singapore or the United Kingdom, a person signs an LPA to appoint someone to act on their behalf if they lose mental capacity. Thai law does not allow this.

Why Thailand Has No LPA

1. Legal tradition
   Thailand follows a civil law system. The Civil and Commercial Code controls contracts and obligations. A power of attorney in Thailand ends when the person who gave it loses capacity. There is no rule that allows it to continue.
2. Guardianship model
   Thai law relies on family and courts. When a person loses capacity, the family must go to court. The court can declare the person incompetent or quasi-incompetent. The court then appoints a guardian or curator to manage affairs.
3. Lack of demand
   Thailand has an aging population. But the idea of preparing legal tools in advance for incapacity is still new. Public pressure for reform is low. Lawmakers have not created an LPA system.

What Happens If You Lose Capacity in Thailand

1. Court declaration
   If a person loses capacity, family must file a petition.

• Incompetent: the court appoints a guardian to take full control.
• Quasi-incompetent: the court appoints a curator. The person keeps some rights but needs approval for major actions.

2. Property and money
   Without a court order, banks and land offices will not accept signatures from family. Even a spouse cannot sign for you. Court appointment is required.
3. Medical care
   Doctors often listen to close family for urgent treatment. For long term or life support decisions, the lack of a legal representative creates uncertainty. A living will is the only legal tool for end-of-life treatment.

What You Can Do

There are steps you can take today to reduce risk.

• Write a will. It does not solve incapacity but secures your estate after death.
• Use a power of attorney while you are still competent. It works for short-term needs. It will not survive incapacity.
• Write a living will. Thai law under the National Health Act 2007 allows you to refuse life-sustaining treatment in advance.
• Structure business or property ownership with co-directors or companies. This prevents standstill if one person loses capacity.
• If capacity starts to decline, family can apply for curatorship earlier to avoid disputes.

Example

Mr. Somchai owns property and runs a small company. He suffers a stroke and loses capacity. His wife wants to sell land to pay for care. The Land Office rejects her request. She files a petition to court. The court declares Mr. Somchai incompetent and appoints her as guardian. Only after this order can she act. This process often takes months.