Legal Concept’s Legal Newsletter
What foreigners should know about living wills and healthcare proxies in Thailand
Making plans for medical decisions at the end of life can be challenging, but it’s an essential safety measure, particularly for foreigners living in or visiting Thailand. A common question we get is whether Thai authorities and healthcare providers will accept a healthcare proxy or living will made in another country.
We will list the most important legal issues, practical steps, and procedures below to help you (or your loved ones) get ready with confidence.
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Recognizing Foreign Healthcare Proxies
According to the National Health Act B.E. 2550 (2007), Thai law lets people make a Living Will (advance directive) that says they don’t want medical care that will keep them alive in painful or terminal conditions.
✓ In Thailand, a healthcare proxy or living will that was made in another country and then legalized at the Thai Embassy or Consulate is usually fine.
⚠️ To avoid delays, make sure it is in both Thai and English or attach an official Thai translation.
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Originals vs. Copies Made by Computers
The declarant should keep the original document and give certified copies to people they trust. Thai officials now say that an electronic copy is also fine, as long as there is no doubt about its authenticity.
📌 Useful Advice:
• Keep the original with your important papers.
• Have a certified copy or digital scan on your phone.
• Put a Living Will Card in your wallet and write down its location and the contact information for your proxy.
• Give copies to family, doctors, insurance companies, and other people you trust.
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Making a Thai Living Will
You can also create a Thai Living Will, which hospitals are required to follow if it meets the legal requirements.
Important factors are:
1. Written down and signed by someone who knows what they’re doing.
2. Two witnesses sign their names confirming that the maker of the Living Will made it by himself/herself.
3. Clear medical instructions and personal information.
4. Written in Thai or in both Thai and English.
5. Adding a healthcare proxy or power of attorney for more clarity.
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Making sure your proxy is called
To make sure that hospitals and the government do what you want:
• Give your Living Will to hospitals, doctors, insurance companies, and close ones in Thailand.
• Keep a digital copy on your phone, easily seen and accessible.
• Put a Living Will Card in your wallet.
• Tell your doctors and insurers to put a note in your medical record.
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Main Points
• If they are legalized and translated, foreign living wills can be used.
• Keep copies in different formats, such as the original, certified copies, and electronic file.
• Foreigners can make a Thai Living Will directly.
• To make sure everyone follows your Living Will, it is crucial to distribute and clearly communicate such a Living Will.
What We Can Do to Help
Our firm often helps expats, retirees, and families living in Thailand with planning for their health care, their estates, and legal issues that cross borders. We also have close relationships with insurance companies to ensure that the Living Will is properly enforced.