# Power of attorney



## greenman2841 (Dec 27, 2018)

Hi Myself and my wife have a condo in pattaya. Due to my wife being diagnosed with cancer we need to sell it she cannot travel. Our problem is the condo is in both name's, we have been told we need a letter of power of attorney that must be witnessed and signed in a Thai embassy london. I have contacted the embassy and have been informed it should be signed in Thailand which defeats the object. Any advice unappreciated 

THANKS


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## Asian Spirit (Mar 1, 2010)

greenman2841 said:


> Hi Myself and my wife have a condo in pattaya. Due to my wife being diagnosed with cancer we need to sell it she cannot travel. Our problem is the condo is in both name's, we have been told we need a letter of power of attorney that must be witnessed and signed in a Thai embassy london. I have contacted the embassy and have been informed it should be signed in Thailand which defeats the object. Any advice unappreciated
> 
> THANKS


Howdy and welcome. That's a big ouch. It appears that you are from the UK. I'd suggest calling the nearest Thai embassy to you and or visit with a (low cost) attorney where you are. There must be an answer but takes some looking.

Very best of luck.


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## Omegaman477 (Jan 9, 2019)

greenman2841 said:


> Hi Myself and my wife have a condo in pattaya. Due to my wife being diagnosed with cancer we need to sell it she cannot travel. Our problem is the condo is in both name's, we have been told we need a letter of power of attorney that must be witnessed and signed in a Thai embassy london. I have contacted the embassy and have been informed it should be signed in Thailand which defeats the object. Any advice unappreciated
> 
> THANKS


I am sincerely sorry for your wife's condition. This is a sensitive subject, and I will try to be as compassionate as possible, but above all factual, so please do not think ill of what I say.

I assume your concern is that of timing. If your wife is still Legally Coherent, and is able to sign a contract of sale, you do not need a POA. An individual must be pronounced Legally Incoherent, in most jurisdictions. So it rarely occurs.

A POA will give you absolute power over all your wife's affairs, as long as she is living. Thereafter Wills and Probate law kicks in. If you foresee a period in time when she is not physically able to sign, then you should secure a POA. 

If a POA is required, I would apply for it, via a Solicitor in the UK, so its valid for all her UK affairs as well. Then have it translated and notarised by the Thai Embassy in the UK. Technically you do not need to do this in Thailand. HOWEVER.. Thai property law, especially when ferang are involved, is at best, unpredictable. It would serve you well, when a sale is secured, to have your Thai Conveyancing Solicitor, draft a covering letter to the POA, for the Thai Lands Office.

But I restate, if she can in anyway sign, have her do that, POA's create all sorts of complexity.

Another option (as there is generally no land tax on family land transfers in Thailand) is to have the property transferred to your name now. A simple and reasonably cheap exercise, while your wife is able to still sign.

Aside, any given illness is never as bad as it seems. Stay positive my friend.


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