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Living Wills - New regulation for Thailand

Thailand laws, tips and advice.

Living Wills - New regulation for Thailand

Postby isaanlawyers » January 11, 2011, 6:16 pm

Living Wills were recognized under Thai Law by the Health Act of 2007. The law refers to a regulation and we were waiting for it.

This new regulation was signed on October 6th 2010 by the Prime minister of Thailand. It was published on 22nd October 2010 in the Government Gazette.

According to clause 1 off that regulation, it will be applicable 210 days after the publication in the Governmental Gazette, so around mid June 2011.
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Re: Living Wills - New regulation for Thailand

Postby maaka » January 12, 2011, 2:29 am

these Living Wills sound a good idea, but I have a question around this issue. Does the Enduring Power of Attorney apply in Thai Law?? or is it best to go for a Living Will?
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Re: Living Wills - New regulation for Thailand

Postby isaanlawyers » January 12, 2011, 5:53 pm

Enduring power of attorneys are larger, and a living Will can be a part of it. That's in some foreign jurisdictions.

However, that is not recognized under Thai law (Enduring power of attorneys - but power of attorneys are recognized).

If someone becomes incapable in Thailand, institutions like banks will require a Court order.
We previously verified that point with 3 Thai banks. We had a solution called an "agent contract", and do believe it was legal.
But the banks didn't want that. Sometimes, between the law and the practice, there is a difference. And it could be huge in Isaan.

The Living Will is limited to medical treatments while being incapable.
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Re: Living Wills - New regulation for Thailand

Postby maaka » January 13, 2011, 2:41 am

Thanks for the clarification..
give my regards to Mr. Sebastian..
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