A Thailand Courts have the authority to appoint a legal guardian of an individual that may no longer be able to make responsible decisions for their own welfare (the ward). It might be determined that the individual is mentally or physically incapacitated and can longer take care of himself or herself. Guardians are also appointed for minors in cases where parents are no longer able to exercise parental authority.
In their role as guardian, the individual appointed by the court may be appointed to enter into all legal decisions for the ward. This includes making all medical decisions related to the ward, managing the ward’s property, ensuring all bills are paid on behalf of the ward and determining where the ward lives. The guardian can also manage the ward’s relation with other individuals and who he or she has contact with, as well as the ward’s personal finances.
To file for guardianship, under Thai law an individual typically must be a family member of the person involved. To initiate a guardianship case, there are actually two stages involved. The first includes providing sufficient proof that the ward is incapacitated and can not adequately care for him or herself. The second stage involves the actual appointment of the guardian by the Court.
The Court may grant guardianship in a limited capacity. This is referred to as limited guardianship, which allows for the ward to retain some of his or her legal rights while the guardian has somewhat restricted power. In this situation, the ward is usually still able to make some of his or her own decisions, such as managing finances, but perhaps can not adequately care for another aspect of his or her well being such as medical decisions.
The court-appointed guardian must regularly provide reports to the Court and his or her guardianship status may be revoked by the court if he or she does not take appropriate care of the ward under Thai law.
Our family attorneys have decades of experience in family law and guardianships. We assist in having guardians appointed in Thai Court, as well as asserting the rights of foreign guardians in Thai Courts.