By Ángel Marín Díaz
Tim from Tempe, Arizona, asks:
Hi, Angel. Can you give me a quick background on a Mexican medical directive, what it is, what it’s for here in Mexico, and how I go about getting one. Gracias!
Angel responds:
Hi, Tim. An advance medical directive – called a voluntad anticipada in Mexico – is a medical directive which is a legislated document on a state-by-state basis throughout Mexico and, as such, must be written under specific legal guidelines for which there exists a specific protocol for the document to be legal.
When a medical directive is created properly it will cover a wide spectrum of medical topics, including, but not limited to, types of acceptable treatment, medications, declination of certain treatments, the use of feeding machines, ventilators, intubation, or the use of a variety of artificial life support systems.
The advance medical directive can and should be a well-drafted, extensive document that specifically spells out the individual’s treatment preferences, specifies who will oversee these directions for treatment (medical advocate), and names your personal physician to oversee treatment protocols.
When interviewing attorneys or notarios, make sure they have experience in estate and medical planning, that you can understand them, and that the process is explained. Also, always make sure that your documents are notarized on federal folios, including the appropriate federal holograms, and that the directives are registered at the municipal, state, and federal levels to ensure that your paperwork becomes included in the national database.
Gary and Laura from Chicago, Illinois, ask:
Hola, Angel. We have received our deed for our new property in Los Cabos and now we are looking at wills and the BIG question, what happens if we die in Mexico. We have heard that it can be complicated, to say the least. What do you recommend we do in terms of planning for this eventuality?
Angel responds:
Hello, Gary and Laura. You are absolutely correct, there is a laundry list of things that need to be taken care of after a member of the guest community passes, including planning the funeral service, obtaining medical certificates of death and state-issued death certificates, notifying the embassy of the deceased’s country of origin, and distribution of the decedent’s estate.
There does exist a “one-stop-shop” policy available here in San Miguel de Allende and throughout Mexico that attends to all of this and serves as an interface with the family left behind to ensure a peaceful process for the inheritors that bridges the language barrier as well as contemplates the legal and the fiscal ramifications for all. The program is called AfterLife™. It covers the creation of a primary emergency contact if anything happens to you while anywhere in the Mexican Federation as well as the creation of the numerous documents crafted to comply with Mexican law, including an advance medical directive, last will and testament, durable power of attorney, and a do-not-resuscitate order (DNR).
Jay and Tarra from Seattle, Washington, ask:
Hi, Angel. We are “newbies” in terms of buying property outside of the USA and are hearing that we CAN own property in Mexico, but restrictions apply… we own the trust but not the property? We are very confused, as you can see. Would you explain this to us, please.
Angel responds:
Let’s start by clarifying who is a foreigner in Mexico. Well, they are all the people who were not born in the country and those who have not obtained Mexican nationality through the legal naturalization process but despite not being considered a national residing in the country as a Mexican citizen they enjoy all the rights that the political constitution and human rights grant to anyone who is within the country, one of them being the power to acquire private property in the national territory.
First you must meet some requirements. What are the requirements to buy a property? You should know that in order to acquire a property in the country you have to obtain permission from the Secretary of External Relations.
The requirements that the Secretary of Foreign Relations places on foreigners to be granted permission to acquire real estate are as follows. You will need to submit a notification to this authority stating your intention to acquire the property as well as prove your legal stay in the country with your immigration form and attaching a legal document describing the property you plan to buy.
You may ask, If I want to buy a property in Mexico why can’t I do it anywhere in the country? The reasons are historical. In order to avoid confusing the national borders with those of adjacent countries the political constitution of Mexico prohibits foreigners from acquiring property along all borders and seas. This area is called “the restricted zone.” Outside of its limits any “guest” of Mexico can buy property within the country. Thank you all for your questions this week. For more specific information on Inmtec Legal Services™, Inmtec Title Services™, Inmtec Insurance™, Estate Planning, Asset Protection, and AfterLife™ Medical Advocacy by Inmtec™, please contact Angel Marin Díaz at info@inmtec.net, 415 121 9005 or www.inmtec.net.
