Overview of the Process for Creating “Medical Directives” Legal in Guanajuato with Be Well San Miguel
Medical directives (also known as advance directives or living wills) created outside of Mexico are not valid in Mexico. There are new laws as of 2014 regarding advanced medical directives in place in the state of Guanajuato. The associated “support unit” for this type of document is still in its early days and there may be a degree of bureaucratic confusion about the new law. An example of this is that the directive is supposed to be respected anywhere in Mexico and supported by a national registry. This has not been true in all cases and the “national directory” is not yet 100% functional.
A second limitation is that the actual proscribed language for the directive is very general leaving little room for very personalized intentions and requests. We at Be Well encourage members to leave a more detailed directive with us and whomever you appoint detailing any wishes not reflected in the formal generalized document.
The process of creating an enforceable medical directive is not difficult but if you have never done a medical directive elsewhere or have not revisited it for a long time, we strongly recommend that you make an appointment to discuss end of life issues with Be Well before you begin the process of initiating the paperwork.
Lawyers are not equipped to do this. Their role is to ensure your wishes are duly translated and documented. He or she will then bring in a Notario Publico who will complete the necessary documentation to legalize the document.
Be Well works with the lawyer, Ana Andrade, and together we have a streamlined a relatively inexpensive process to assist you in creating a directive legal in Guanajuato and with time throughout Mexico.
Steps for completing a medical directive with Be Well San Miguel
- Contact Be Well at firstname.lastname@example.org and we will send you the documents needed to be filled out by you and your representatives in advance of any appointment with lawyer.
- Appoint up to three representative(s) who are committed to carrying out your wishes should you be incapacitated. You should also consider granting a power of lawyer over your affairs to someone you trust in Mexico in the event of medical emergency, as there are many issues that arise aside from the actual medical events.
The representatives named in the medical (advanced) directive must be present for the completion of the document with the lawyer. We advise you appoint more than one person as people travel and may be out of town. Another reason to think carefully about who that person or persons may be, is that each addition or change is charged at full price.
Dr. Emilio Ramirez and I (Deborah Bickel) have been designated as representatives for many of our clients and Be Well is committed to keeping electronic files of the directives where we are named as representatives.
- Fill out form we will send called Form 1, “Essential identifying information” for yourself and your representatives. Use full legal names.
- For names of your parents, use first and last birth names (no middle or maiden names).
- passport # expiration date (must be exactly the same name as used in document)
- Your visa number is the 8-digit number on the back of your visa.
- Copy the other form sent to you called sample directive (Form 2) in longhand onto a separate sheet of paper. This is a standard sample of a general directive meant to cover all contingencies. It is strongly suggested that it be used with minimal deviation. If there are any additions or changes they must be reviewed by the notary in advance of any meeting to formalize the document. Note: Your handwritten version does not have to be legible, but the wording must be exactly the same as on the sample form.
- Send me the following documents by email at email@example.com:
- Completed Form 1 for yourself and each representative
- A scan of the handwritten copy of your directive (Form 2)
- Scans of your passport and visa, plus those of your representatives. Note: If you appoint me or Dr. Ramirez as representatives, we will forward information to the lawyer’s office in advance of any meeting.
- Once I have reviewed your paperwork to ensure it is complete, I will advise you to contact the lawyer Ana Andrade to schedule this meeting at a time convenient for you as well as your representatives.
Prolegal 76 Zacateras Centro +52 1 415 153 3492 firstname.lastname@example.org
- Drop off your paperwork to the lawyer’s office at least 78 hours in advance of your meeting. This includes hard copies of all items in step 5 above.
- Bring to the meeting with the Notario:
- Completed “Essential Identifying Informaion (Form 1) for yourself and representatives
- Sample directive (Form 2, printed version) with names filled in. for names
- Handwritten version of directive
- Passport—for all signatories
- Immigration document—for all signatories
- After the meeting with the lawyer and representatives to review and sign the documents, Ana’s office will contact you to pick up the original document when it is ready. She will keep a scan and will forward one to me. You will keep the original.
- The ProLegal office offers a discounted price of $4000 pesos per client referred and assisted by Be Well. This covers both Notary services, legal translation ,creation and registry of directive document. (This may go up soon so be prepared for a small increase in cost)
- Be Well San Miguel charges members $2000 pesos for facilitating this process and $3000 for nonmembers. The price is the same for individuals and couples.
- If an in-person meeting is needed with us to discuss any end of life issues or to assist you with filling out forms we charge $1500 pesos per hour for members and $2000 for nonmembers.
- If I and/or Dr. Ramirez is named as a representative, we will charge $2,500 pesos. This includes time spent in the lawyer’s office as well as serving as your representative.