Guardianship in Thailand
September 07, 2018
Planning ahead for your children’s welfare in worst-case scenarios is a good practice.By M.L. Numlapyos Sritawat Thai Courts are authorized to appoint a legal guardian for individuals who cannot make responsible decisions for their own welfare (the ward). The court may issue such an order if presented with evidence that an adult individual is mentally or physically incapacitated and can no longer take care of themselves. Guardians are also appointed for minors in cases when parents are no longer able to exercise parental authority.A court-appointed guardian is responsible for all legal decisions regarding the ward. This includes medical decisions, managing the ward's property, ensuring payment of all bills, and determining where the ward lives. The guardian can also manage the ward's contact with other individuals, e.g. the parents, as well as control the ward's personal finances.To file for guardianship under Thai law, an individual typically must be the ward’s family member. Thailand’s Family Courts oversee these proceedings. There are two separate hearings and two separate court petitions: The first hearing requires proving the ward requires a guardian. If the court agrees, a second petition and hearing will assess then appoint the guardian.Unfortunate events can occur
For expatriate families living in Thailand, parents must consider what would happen if they were incapacitated through illness, accident, or death, and therefore unable to take care of their children. First, the child will be under the care of Thailand’s administrative agency and their parents’ embassy in Thailand. Then, the embassy would endeavour to contact relatives or close friends, in Thailand or abroad, who could take care of the children. Once identified, the potential guardians must file for custody with the Thai family court.The process to request custody of a child is:- Filing for custody with the Central Juvenile and Family Court.
- Central Juvenile and Family Court will coordinate with the Department of Juvenile Observation and Protection to arrange an investigation to evaluate the applicant guardian.
- Central Juvenile and Family Court will announce its decision based on the evaluation as to custody and guardianship.
Planning is always good
While you hope for the best, it is always good to have a backup plan. Writing a last will and testament that identifies who gets custody of your children will go a long way in making the guardianship process in Thailand easier. You can designate a guardian to care for your children and even a separate guardian to manage any inheritance for them until they are adults. It’s never too early to speak to a lawyer and write your will.About the Author
M.L. Numlapyos provides legal services and is managing partner at M.L. Numlapyos Sritawat Attorneys at Law, Ltd., www.sritawatlaw.com.The views expressed in the articles in this magazine are not necessarily those of BAMBI committee members and we assume no responsibility for them or their effects.BAMBI News welcomes volunteer contributors to our magazine. Please contact editor@bambiweb.org.