Does a Power of Attorney need to be notarized ? I've researched this and some law firms say it is necessary, some do not.   Is the duty stamp required.  I am having a Power of Attorney drafted, by an expat lawyer and he has not mentioned doing these things. I want to know if it is required so I can make sure it fulfills all requirements.  Also has anyone had any experience with having a spouse use a power of attorney to act on their behalf with Thai Immigration?  I would appreciate your feed back if you have had experience with these issues.

10 minutes ago, mhortig said:

Also has anyone had any experience with having a spouse use a power of attorney to act on their behalf with Thai Immigration? 

I think it would depend upon what she would be doing for you and in some cases which office she would do it at.

I didn't need a notorized power of attorney, but that doesn't really fully answer your question since you might be using this for a different purpose. 

 

As UbonJoe says it all just depends what the power of attorney is covering and who will be evaluating and looking at this power of attorney.

In fact making the POA:

 

- A clearly stated type of specific transaction, or even 'buy building materials suitable for carport' / 'buy building materials only manufactured by XXX cement company'

- 'Valid only at BBB food wholesalers'.  'Valid only at XYZ travel agency, address ddddddddd.'

- 'Valid to a maximum of 10,000Baht and for one transactions only'.

 

would be a good way to have some control on the document.

 

Also, perhaps the person / agency / company accepting the POA might have their own rules 'POA only accepted if notarized at the embassy of the person signing / authorizing the POA. 

 

 

Edited December 12, 20187 yr by scorecard

9 hours ago, mhortig said:

I would appreciate your feed back if you have had experience with these issues

Depends on what the Power of Attorney is for. I had to get a POA

to sell my fathers house (5 siblings involved). Notarized at US Embassy. Lawyer in US said needed one witness and notary would be the third as required by Florida laws. Two of us were out of US 1) Thailand 2) Canada. 

 

It didnt go smoothly for either. Even though lawyer said Notary and witness was all that was needed. I had to make a trip back to

US Embassy and take two witnesses from here in the NE. The person that approves paperwork for house being sold said Notary can’t be a witness.

 

The Embassy read the document and questioned who wrote it (Fl Lawyer) why a witness? She said doesn’t say anywhere on the document needs witness. When I had to go back to Embassy I called and she got the appointment for us and she did the Notary. 

Which all the family was thankful because we had a all cash buyer.

 

Other person US citizen with permanent residence in Canada. Went to official Notary office in Canada. POA wasn’t accepted. He ended up going across border and getting it done again in US.

 

Best you decide everything that the POA will be used for and what 

is required from place your using the POA. We asked our lawyer but

turned out whatever it was? escrow? will accept. Each state in US has its own requirements so make sure to check everything.

 

 

 

Thanks for your comments. I should have mentioned the purpose of my POA. It is a GENERAL POWER OF ATTORNEY for my wife to be able to use "just in case" I'm incapacitated. It would probably be used for banking or with Immigration. 

Edited December 13, 20187 yr by mhortig

mine was witnessed not notarized.. same purpose,