For many years in the US and Canada, patients have had rights about what care they wanted, or did not want, when diagnosed with a terminal condition or at their end-of-life. This is relatively new in Mexico.
In 2008 Mexican federal health legislation was passed supporting patient’s rights for those who have been diagnosed with a terminal condition and with less than an expected 6 months to live. The legal citation for the legislation is Reforma 39: Ley General de Salud (DOF 05/01/2009).
Key points of the Federal legislation are:
- The federal legislation provides patient’s rights for end-of-life palliative care which allows the patient to designate who he/she wants to act on their behalf if they cannot speak for themselves.
- The legislation provides a list of patient’s right and health care directives from which the patient list his/her choices for continued curative, to stay in the hospital, to have hospice care and more.
- Since this is federal legislation, is supersedes any Jalisco legislation and it does not expire.
An attorney does not have to prepare the document, nor must a notario sign it.
The legislation states that the document only needs to be signed by the maker and witnessed by two persons. The document can be revoked at any time.
For information on completing the document, see Life Planning in Jalisco©, ”Part II, Durable Powers of Attorney for Medical and Financial Decisions & Health Care Directives.”
The Mexican Federal legislation requires that the document be signed by two witnesses. The practice in Jalisco is that witnesses signing a document also need to provide identification that should be photocopied and kept with the original documents. The identification should include the witnesses signatures and can be, for example, a voting card, Jalisco Driver’s license or the appropriate passport pages. (Resource: Spencer McMullen)
Are you actually going to do your Mexican Federal end-of-life document?
If so, good for you!
It’s the least expensive, easiest point at which to start any of this process!
You can complete the document yourself by reviewing the legislation and using the “approved” document here as a guide for the form. Other information is provided in the publication.
Help with health care directives?
For help in selecting the health care directives you want or don’t want, Dr. Carlos Garcia, a local doctor at Maskaras Clinic, is available. You’ll need to make an appointment with him. If you are in need of a check-up, you might do both at the same time so that there’s only one charge.
Maskaras Clinic is located at Hidalgo 79-G, Riberas del Pilar
(376) 765 4805 or 765 4838.
Make sure to take a copy of the legislation with you to review the directives you want and the directives you don’t want!
If you want more information on health care directives, look on-line at NOLO Press, AARP, CARP, the Five Wishes Foundation and others. They can help with definitions and explanations.
Having a Notario sign your Health Care Designation and Directives
The practice in Jalisco is that a Notario signs most everything (not all, but a lot). Even though the legislation does not require that a notario sign the document or an attorney to prepare the document, if you are more comfortable having a notario sign your health care designation and directives, have one do so. It is completely up to you.
In August 2011, legal counsel (Acosta & Associates) for Puerta de Hierro Hospital in Guadalajara suggested the following addition to the sample document in Life Planning in Jalisco:
Article 166 Bis 4.
Everyone over age in full possession of their mental faculties, can at any time, regardless of their health, to express their will in writing before two witnesses, to receive or not any treatment, if they were to suffer illness and be in a terminal situation and not be able to express that will. This document may be revoked at any time.
This Article will be added to the language in the sample document.
Also, they indicated the document must be in Spanish, and if you want more formality, have the signature(s) ratified by a notario even though that is not required in the legislation.
To see the revised document for the added language mentioned above from Acosta & Associates, see the publication “Life Planning In Jalisco.”
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