Legal service for foreign clients
Guardianship, Curatorship and Managing the Affairs of an Incapacitated Person in Thailand
Families usually discover they need a court order on the day the bank refuses to release money for hospital bills.
Quick answer
When a person can no longer manage their own affairs because of brain injury, dementia, accident or disability, relatives may petition the court to declare them incompetent and appoint a guardian, or quasi-incompetent with a curator, under the Civil and Commercial Code. The order lets the appointee operate bank accounts, collect pension income, consent to treatment, and sell assets with the court's leave. We prepare the petition, assemble the medical evidence and present the witnesses through to the order. From THB 35,000.
From THB 35,000 — From THB 35,000 for an unopposed petition; contested cases or complex estates are priced by hearings and document volume. · Petition filed in two to three weeks, order typically in two to four months
Who this is for
- Adult children managing accounts for a parent with dementia
- Spouses of patients unconscious after an accident or stroke
- Parents of an intellectually disabled child approaching adulthood
- Families needing to sell assets to fund long-term care
- Foreign nationals whose Thai spouse has fallen ill holding assets here
What you receive
- A petition to the juvenile and family court with a schedule of the estate to be managed
- A medical certificate stating the level of decision-making capacity in explicit terms
- Examination of family and medical witnesses at the hearing
- The order with certified copies for banks and agencies
- Guidance on reporting duties and on seeking leave for significant transactions
Documents to prepare
- Hospital records and a certificate from the treating physician
- House registration and documents proving the petitioner's relationship
- A list of the patient's accounts, land, shares and income entitlements
- Consents from other close relatives to head off objections
- An estimate of the monthly cost of care
How it works
5-step process
- 1
Decide between full incompetency and the quasi status
The two statuses confer very different powers: asking for too much strips rights the person can still exercise, while asking for too little leaves the bank still refusing to act.
- 2
Have the doctor describe capacity item by item
A certificate naming only a diagnosis rarely suffices; the court wants to know how far the patient understands financial transactions or can consent to treatment.
- 3
Choose an appointee the family can live with
Nearly every drawn-out case comes from siblings competing for the role, and agreeing before filing saves months.
- 4
Compile the asset schedule up front
The court uses that schedule to frame the powers and reporting, and assets discovered later require a fresh application.
- 5
Plan for life after the order
A guardian must act in the person's interest and may have to report to the court, so keeping the patient's money in separate accounts matters enormously.
FAQ
Frequently asked questions
We already hold a power of attorney — is a court order still needed?
As a rule the mandate lapses once the grantor loses capacity, so most banks decline to honour it and the family still needs the order.
May a guardian sell the person's land outright?
Not alone: significant dealings with immovable property need case-by-case leave of the court, supported by the reason and a fair price.
Can a foreigner be guardian of a Thai spouse?
The court can appoint one where it is satisfied the person is suitable and genuinely present, but it scrutinises residence and continuity of care, sometimes appointing a Thai relative jointly.
If the patient recovers, can the order be lifted?
Yes: a petition supported by medical evidence of restored capacity leads to a hearing and revocation, which genuinely happens with patients who recover from a brain event.
What if another relative objects?
The court hears both sides and picks whoever best serves the patient's interest, sometimes appointing two guardians jointly so spending is checked.
Must spending be reported to the court every year?
It depends on the conditions in the order; many require accounts to be kept and produced on request, so filing every care and medical receipt methodically pays off.
Related services
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Trial team across all Thai civil courts — from complaint to enforcement.
Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.