How to use durable powers of attorney and health care directives from up north

If you have a durable power of attorney for health and/or finance and health care directives, you can legalize them for use here.

If you are from the US, it's a little easier than for the Canandians.
From the US?

Look on the website from the state or commonwealth were the document was made.
Look for 'apostille, certification or authentication.'
Follow the instructions for sending/taking the document to the office to obtain an apostle (which is a certification of the US Notary). Cost is usually about $10 to $15 US more/less.
Once you get the original back, along with typically a one page apposile document, bring it with you to Jalisco (or Mexico).
It then needs to be translated into Spanish by a Supreme Court certified translator. (It's not that expensive and takes usually only a few days or up to a week).

Your NOB document is then 'legalized' for use here.
If you have any questions about using it here, take a copy to your local bank/financial house or health care provider to ensure that you are all on the same page. If you go to a bank/financial house, make sure to talk to the manager only. Much of the time, others working in the bank or financial house may have no idea to what you are referring and will tell you 'no' even without checking.

If you are from Canada, you can accomplish the same thing, but you need to go to your consulate.

In some cases when I've posted this information on-line someone will mention that they used their documents, especially the health care directive, without getting an apostille or even getting it translated. This is Mexico and those things happen, which is great for the moment. However, it's an 'informal' arrangement and is not guaranteed for the future. It's obviously up to you.

For all of the legal citations supporting this process, you can see Life Planning in Jalisco, specifically "Interviews, References and Resources" or various articles posted!

Filoli

Thank you so much for your most helpful information. Just wanted to let you know that it is appreciated.

You are very welcome.
Good luck,
Filoli

For more information on using your NOB health care directives and lots more, you can check my website at www.lifeplanninginjalisco.wordpress.com The information on the website is 'free.' Or, you can check my facebook page under Life Planning in Jalisco.

And, the hard copy publication is now available at Superlake. The hard copy publication is $200mx. It's in the same section as the magazines, on top of a cabinet in it's own stand.

The publication is also available at Diane Pearl's, corner of Ocampo and Colon, and Law Office of Azucena Bateman.

I'm always available for questions!

Why not have a Notario in Mexico draw up those documents including a will?

joec wrote:Why not have a Notario in Mexico draw up those documents including a will?

Good question.....
The answer is more that what is briefly articulated here.

I refer you to my website mentioned.
If you are unfamiliar with term 'durable' pertaining to a power of attorney, look it up. It's a key term to know when looking at the differences between legal documents from outside Mexico and within Mexico, and within any state of Mexico.

First, each state in Mexico has it's own state laws which govern health care directives, powers of attorney and more.

So, I'm referring to a Jalisco State Notario and Jalisco State laws.
A Jalisco State Notario knows Jalisco state law typically and often are not well versed beyond that (laws from other Mexican states, Mexican federal law, or international law, let alone state or federal laws from the US or Canada).

For the State of Jalisco, there is no general 'durable' power of attorney that we can use for health care directives, or anything else, that is equivalent to what we get from a durable power of attorney from one of the states in the US (if you are Canadian, you will need to check with your consulate). Because of an international agreement, people from 'signatory' countries (the US is, and Canada is not) are allowed to 'import' our documents and have them be legally recognized here (they have to be apostilled and legally translated). Canadians can also 'import' documents, but the process is a little different because Canada is not a signatory country. Canadians need to go through their consulate.

Jalisco legal professionals typically don't know much about these documents and don't prepare them because they are from another country and are not Jalisco State documents. In the same way, you would not expect an US attorney to prepare a document from the State of Jalisco.

The State of Jalisco does not have legislation for 'end-of-life' palliative care health care directives. That has to come from the Mexican federal legislation. The federal legislation looks much like any US health care directive, but with a restriction that it pertains only to the last six months of life. It does not cover someone who no longer can make decisions for themselves because of dementia, etc. US health care directives, with a durable power of attorney, can cover these situations. So, it's to our advantage to bring in documents from outside of Mexico, and then reinforce those with, for example, the Mexican federal end of life legislation.

The Life Planning website has lots of this information, including all of the references and resources for you to follow up.

As far as wills. My research focuses on people (us) while we are still alive and how to deal with issues to keep up safe and cared for at times when we cannot make decisions for ourselves as needed.

Wills are only needed when you or I die.
If you have assets outside of Mexico and within Mexico (Jalisco), you need to talk to a local attorney or notario about a will. A Jalisco state notario has to sign a Jalisco state will. What you do, if anything, about wills outside of Mexico is based on your own situation and own research.

I've tried to cram in lots of 'detailed' information in a short space..... I hope it's clear.