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Understanding Legal Guardianship in Thailand

Last updated: 14 May 2025
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A legal guardian is a person who is legally authorized to care for and make decisions on behalf of someone who cannot manage their own affairssuch as a minor, juvenile, or incapacitated person. This role may arise automatically (e.g., a legal parent) or by court appointment.

Key responsibilities of a legal guardian may include:

  • Providing daily care (housing, food, education)
  • Giving legal or medical consent on the minors behalf
  • Managing the minors assets (if authorized by the court)
  • Reporting asset management to the court as required

Types of Legal Guardians

  1. Natural Guardian: Biological or legal parents.
  2. Court-Appointed Guardian: Appointed when no suitable parent is available.
  3. Testamentary Guardian: Appointed in a will by the parents in advance.

Duties of Legal Guardian

- Provide daily care including housing, food, and education.

- Manage the childs property (if assigned by court).

- Give consent on behalf of the child in legal and medical matters.

- Report to the court when managing assets.

 

Legal Guardian vs. Custodian

A Legal Guardian is someone appointed by law or by a court to make legal decisions on behalf of another person, typically a minor or someone who is incapacitated. They have full legal authority, including control over important matters like education, healthcare, and finances

A Custodian, on the other hand, is a temporary caretaker. They are responsible for the daily care of a person but do not have full legal rights to make major decisions. A custodian might be a teacher, a relative, or someone entrusted with short-term care.

 

Legal Framework in Thailand

-  Civil and Commercial Code (Sections 15851598/38)

- Child Adoption Act B.E. 2522

- Child Protection Act B.E. 2546

- Juvenile and Family Court Act B.E. 2535

 

Examples of Usage

1. The legal guardian must provide consent before the minor undergoes surgery.

2. A legal guardian can represent the child in legal proceedings.

3. Official forms involving minors must include the legal guardian's name.


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