Legal Professionals – Interviews and Acknowledgements

Interviews
In the last section of  ”Life Planning in Jalisco” there are two pages of legal interviews, references, on-line resources and more.  The legal interviews are just that, “interviews,” and are not recommendations.

Acknowledgements
Below are acknowledgements of firms or individuals from whom I drew “key” information. Their contribution to the project is noted and their contact information is provided should you wish to use their services. 

Vargas & Espinosa Notarios
Justo Sierra No. 3022,
Colonia Vallarta San Lucas, Guadalajara
Telephone 36 15 56 26, or 36 15 56 27

Rafael Vargas, Notario 114, is a partner in a large 20-member law firm in Guadalajara.  He, along with 4 other attorneys, reviewed my questionnaire and met with me to discuss:

• the lack of durable powers of attorney in Jalisco;
• durable powers of attorney using the Hague agreement;
• durable powers of attorney from other Mexican states;
• the ‘tutor/guardian’ process; and
• the Mexican federal end-of-life legislation.

Of the questionnaires distributed, they provided by far the most complete responses, with supporting legal citations.

When we started talking about the Mexican federal end-of-life legislation, the Notario had a book in front of him from which he referenced key passages on the legislation  and mentioned there were 3 other publications available.  It was to his credit that he clearly was well-read on the topic.

During this meeting, the Notario and others reviewed and verified for use the “End-of-Life Health Care Designation for Medical Decisions and Health Care Directives” found in Life Planning in Jalisco based on the Mexican federal end-of-life legislation.  His only suggestion was to have a notario sign the document even though that was not required by the legislation.   He also confirmed that the legislation is only available for use when someone has a terminal or end-of-life diagnosis, with expected less than six (6) months to live.

The Notario suggested making sure that durable powers of attorney for medical decisions, especially those including health care directives, from other Mexican states or from outside of Mexico follow as much as possible the Mexican federal legislation (see Life Planning in Jalisco for more detailed suggestions and information).

Roberto Espinoza Vera was part of the group of attorneys with whom I met. Roberto is the son of the other Notario.  His English is good.  Others in the firm speak English to varying degrees.

Acosta & Associates, Abogada Corporativa
Bajada de las Aguilas No. 1240,
Colonia Lomas del Valle, Guadalajara
Telephone (33) 3641-2774

Ana Cecilia Villanueva S. is a partner in the law firm representing, among other large clients, Puerta de Hierro Hospital in Zapopan. Initial questions were submitted through Gabriela Acosta, Medical Tourism, at Puerta de Hierro Hospital.

The law firm confirmed on behalf of the hospital that:

• durable powers of attorney from outside of Mexico (i.e., the US) are legally recognized and valid for use in Jalisco (based on the 1961 Hague Agreement, apostilled and legally translated;
• 
durable powers of attorney from other Mexican states such as Coahuila are legally recognized and valid for use in Jalisco; and

• the Mexican federal legislation end-of-life document was recognized and valid.

Senora Villanueva indicated that ‘signed’ hard copies of the documents need to be submitted to the hospital in Spanish in order for the documents to be accepted.    She had two suggestions for the Mexican federal legislation end-of-life document, which have been incorporated into the sample document in Life Planning in Jalisco. She also confirmed that the document must be signed by two (2) witnesses, but a notario’s signature is not required based on the legislation.

Senora Villanueva indicated that she would be glad to assist anyone interested in obtaining a durable power of attorney from another Mexican state.  Her English is good.

Raoul Rodriguez Walters (www.mexadv.com)

Raoul is one of my key resources for the project.  Raoul is an estate and financial planner, who is fully bilingual, a dual citizen of the US and Mexico,  has lived in both countries, and has clients in both countries.  Because of his estate planning practice, Raoul was already aware of much of the legal information for Mexico and the US,  or he knew where to verify what I was finding or do further research.

For example, when we started working together, I was aware of only 3 other Mexican states offering durable powers of attorney. Raoul did further research and found 2 additional Mexican states.

Lic. Sergio A Macias Aldana
Law Offices of Notario 5
Hildalgo 245 D, Chapala

Sergio, along with Dr. Carlos Garcia,  did a presentation at the Lake Chapala Society (LCS) in 2005 on the topic of Living Wills and Durable Powers of Attorney.

This was the first formal reference I found about obtaining durable powers of attorney from other Mexican states.  This was key since Jalisco does not offer a durable power of attorney.   At that time, only three (3) Mexican states offered ‘durability.’   As of 2011, there are now five (5) states and that number may be increasing overtime.

Sergio also reviewed the “End-of-Life Health Care Designation for Medical Decisions and Health Care Directives” verifying it followed the legislation and that the legislation was valid only for persons with a terminal condition with an expected less than six (6) months to live.

Sergio’s English is good.  He can do legal translations for apostilled documents.  Also, he can assist in obtaining a durable power of attorney from another Mexican state by helping you find a notario or attorney in another state.

On the link from the 2005 presentation is a list of notarios from other Mexican states.  In addition, here’s a link to IncaMex which has a list of Mexican notarios and attorneys by state and practice type.  If you need English, use google through which you can get an English translation.