Why would someone need a guardian?
A court in Thailand can appoint a guardian, for a
person who’s declared mentally or physically
incapacitated or for some other reason cannot take
care of him or herself.
Who can file for guardianship
in Thailand?
Generally,
you must be a relative of the incapacitated person
to file for guardianship.
Can
a juristic entity, such as a foundation or non-profit
corporation file for guardianship?
Generally,
Thai law requires a natural person.
What
does a guardian do?
A
guardian makes all legal decisions for the incapacitated
person (the ward), for example pay the bills, manage
the ward’s property, decide where the ward lives
and make all medical decisions. A guardian can also
decide whom the ward associates with and how the ward
can spend their money.
What
is limited guardianship?
Limited guardianship restricts the power of a guardian,
allowing the ward to retain some legal rights and
freedoms. A limited guardianship is best if the ward
can still make some decisions for himself. For example,
a person may be capable of managing his own money,
but not able to make his own medical decisions.
What is involved in guardianship court procedures?
A guardianship case is actually two cases: the first
case is to prove the incapacity of the ward. The second
is the appointment of the guardian.
Do
I need a lawyer to be appointed a guardian?
Not everyone hires an attorney. The Attorney General
of Thailand is empowered, in certain limited circumstances,
to apply to the court for guardianship proceedings.
However, this is unlikely to be an option that would
be granted to a foreigner and the process is extremely
slow. In an international context, for example where
the guardian lives in one country and the ward is
in another, guardianship law can be complex and hiring
an attorney is advisable.
