When you are unable to be physically present to execute an ownership transfer at the Land Department, you may ask someone to represent you and do it on your behalf. To make this possible and valid according to the Law, it must be done through a Thai Official Power of Attorney.
A Thai Official Power of Attorney is the means through which one person (the Principal) empowers another person (the Agent) to act on the behalf of the Principal, and make such act have the same legal effect as if it was done by the Principal himself/herself.
Using a Thai Official Power of Attorney requires the signed Passport Copy (or ID Card and House Registration Book for Thai citizens) of the Principal to be shown to the officials when using it.
When preparing a Thai Official Power of Attorney, one must proceed as follows:
1. Clearly mark the type of the real estate type to be transferred (such as Land Title, or Building, House, Warehouse, etc...)
2. Clearly mention the subject of the Power of Attorney, by stating exactly what the Agent is empowered to do, such as Purchase, Sell, Mortgage, etc... If there are any special conditions, they must also be mentioned. One should not sign unless this is properlly filled.
3. All writing or typing must be done with the same instrument. Filling the form with different types of pen, or different typewriters/printers will render it invalid.
4. If there are any modifications, cross-outs or fill-ins, these must be noted by mentioning what has been modified and the Principal must sign next to it on every occurence.
5. There must be at least one witness to the signatures. If the Principal is unable to sign and uses his fingerprint instead, there must be two witnesses, who must be able to sign their names.
6. If the Power of Attorney is made outside of Thailand, to be valid it also requires the certification from a Thai Consulate or Embassy, or a Notary Public.
If the Agent is representing both parties of a transaction (both Buyer and Seller), it must be clearly mentioned that the Agent is allowed to act on behalf of the other party of the transaction as well.