Tuteur d'un mineur ou d'une personne incapable

Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.

Dernière mise à jour : 27 septembre 2026

A tuteur (ผู้ปกครอง, phu pok khrong, également orthographié phu pokkhrong) is a person appointed by the court to take charge of the person and property of a minor who has no parents or whose parents have lost parental power, or of an adult the court has declared incompetent. Guardianship of minors is governed by Sections 1585 to 1598/18 of the Code civil et commercial, and the same rules apply to the guardian of an incompetent adult. The guardian stands in for the parents in law, but under court supervision and with less freedom than a parent.

When and how a guardian is appointed

Article 1585 allows a guardian to be appointed only when a minor has no father and mother, or when parental power has been withdrawn from both. While one parent holds parental power there is no room for a guardian; that parent exercises pouvoir parental alone under Section 1566. The appointment is made by the Juvenile and Family Court under Section 1586 on the application of a relative, the ministère public, or the person named as guardian in the will of the last surviving parent. A nomination in a will does not make the appointment by itself, but the court must follow it unless the will has no effect or the person named is disqualified under Section 1587.

Section 1587 excludes anyone incompetent or quasi-incompetent, an undischarged bankrupt, a person the court finds unfit, a person who has or has had a lawsuit with the minor, the minor’s parents or grandparents, or the minor’s brothers or sisters, and a person whom the deceased father or mother excluded in writing. For an adult declared incompetent under Section 28, the guardian (in Thai phu anuban rather than phu pok khrong) is appointed under the same rules, except that a spouse becomes the guardian by law unless the court, for good reason, appoints someone else (Section 1463).

Practical points for foreign families

Foreigners meet guardianship in predictable situations: both parents of a child die or cannot act, a foreign grandparent wants standing to care for a half-Thai child, or an ageing foreign resident loses capacity and the family needs authority to deal with banks, hospitals and the Bureau foncier. In each case the route is a petition to the Juvenile and Family Court, and the order takes some months.

The petitioner brings the child’s birth certificate, the parents’ death certificates or medical evidence of incapacity, the house registration and evidence of the applicant’s relationship and means, with certified Thai translations of foreign documents. A foreigner may be appointed, and a foreign guardian of a Thai child can apply for a Visa Non-Immigrant O on that basis. Parents of minor children should name a guardian in their Le testament thaïlandais so the court has their choice on record.

How a guardian differs from a parent

A parent exercises parental power by right; a guardian holds authority by court order and answers to the court. The guardian must draw up an inventory of the ward’s property within three months of learning of the appointment, certified by two adult witnesses who are relatives of the ward where possible (Section 1592), needs court permission for any act where the guardian’s interests conflict with the ward’s (Section 1575), and needs it for the same major transactions a parent needs it for under Section 1574, such as selling or mortgaging land, granting a lease over three years, lending the ward’s money or compromising a claim. Renouncing an inheritance on the ward’s behalf needs the court’s approval under Section 1611. The court may also require security and periodic accounts.

Guardianship of a minor ends when the ward comes of age at 20 or earlier by marriage, dies or is adopted, or when the court removes the guardian. Guardianship of an incompetent adult ends when the court revokes the declaration. On termination the guardian hands over the property and renders final accounts.

Last reviewed: 27 September 2026. Civil and Commercial Code sections 20, 1463, 1574, 1575, 1585 to 1588, 1590 to 1592, 1598/2, 1598/3, 1598/15, 1598/17 and 1611 were read in Thai. The document list, timing and Non-Immigrant O visa points are practice, not re-checked against a statute here.

Foire aux questions

Voir aussi : incapacity and quasi-incapacity, droits parentaux, Tribunal pour enfants et pour la famille, adoption, et les guides complets pour garde d'enfants en Thaïlande ET rédiger un testament en Thaïlande.