Because of the importance of this topic, it is covered in more detail in Part II of Life Planning in Jalisco, with legal citations, references, resources and information on how to obtain various documents, especially using your own from outside of Mexico.
WHY is the topic important?
In the first place, what’s the difference between a general power of attorney and a ‘durable’ power of attorney (the definition for Jalisco, and elsewhere in Mexico is a bit different…but this will give you an idea close enough to the concept).
Very simply stated, a general power of attorney gives permission for someone to act on your behalf when you could have done so, but you are some place else at the moment.
If you were mentally or physically incapacitated and could not have acted on your own behalf, then in order for someone to ACT on your behalf, a durable’ power of attorney is needed which is valid beyond mental incapacitation.
(For a specific definition of a US general, springing, or durable power of attorney, see NoloPress.com. For a Jalisco-specific definition of PODER or their new durable power of attorney, find a reliable attorney or notario.)
From the State of Jalisco
Until July 30, 2011, Jalisco did not have a durable power of attorney. It had only a PODER, which is not a ‘durable’ power of attorney and it expires after 5 years, with no guarantee that a new one could be made. It was up to the notario making the document and could deny a new PODER if he/she did not think that the ‘maker’ was mentally competent. Has this happened here lakeside; yes!
With the new durable power of attorney, it remains valid beyond mental incapacitation and it does not expire. Since the the legislation only became effective August 1, 2011, it still remains to see how broadly the new durable power of attorney will be interpreted.
From outside of Mexico
Obtaining durable powers of attorney (see NoloPress.com), health care directives and more are still available from countries outside of Mexico, like the US, that are legally-recognized in Mexico based on the 1961 Hague Agreeement (see Part II of the publication for many more details). To use the documents here, they must be apostilled (certified or authenticated).
Apostille is an international certification comparable to a notarization and is often added to documents that have been in some manner signed by a Notary, lawyer or other public official such as the clerk of a court of record in their official capacity. Once a document has an Apostille certificate, it is automatically deemed legalized for use in another ‘signatory’ country (see Hague Conference on Private International Law, www.hcch.net Apostille Section.)
Durable powers of attorney obtained outside of Mexico remain in place through short or long-term mental incapacitation and do not expire. They can be revoked at any time.
From the Mexican Federal Government
2008, the Mexican federal government passed legislation on patient’s rights for palliative and end-of-life health care for people who have been diagnosed with a terminal condition, and with an expected less than 6 months to live,
- to designate a person(s) to make medical decisions on their behalf when they cannot speak for themselves in any way, and
- to set out health care directives for what care they want or don’t want (very much the equivalent to what ‘we’ know as a living will).This document remains valid through mental incapacitation and does not expire. It can be revoked at any time.
