Guardianships are cases that normally occur when there is a person who requires another person to care for them. Persons may require guardians if they are minors whose parents have died, or are missing or parents who are deemed to be legally incompetent. Adults may also require legal guardianship if the adult is determined to be incompetent. Thailand Guardianship of a minor and legal guardianship of an adult are standard cases in Thai courts.
Becoming a Legal Guardian over an Adult
In Thailand courts, grants of guardianship over adults require a court judgment that the adult is “incompetent”, meaning that the adult is unable to handle their personal affairs. This is usually due to medical problems.
Once a determination of incompetence is made by the court, the proposed guardian must file an additional court application to be appointed to be the legal guardian of the incompetent adult. The court will review the facts and evidence using the standard of what is in the best interest of the incompetent person to determine the outcome of the case.
Becoming a Legal Guardian over a Minor
To establish guardianship of a minor requires evidence that the minor’s parents are not competent to care for the child due to death, disappearance or disability.
Once a determination is made that the minor’s parents are not competent, the court will then examine whether the guardian proposed is appropriate and rule accordingly.