Expat Forum For People Moving Overseas And Living Abroad banner
Status
Not open for further replies.
1 - 20 of 25 Posts

·
Registered
Joined
·
1 Posts
Discussion Starter · #1 ·
I am a Canadian living in Mexico who needs to create a Canadian power of attorney. I can't afford to fly back to Canada to do business on a regular basis. How do I get this set up in Mexico for use in Canada?
 

·
Registered
Joined
·
3,467 Posts
I am a Canadian living in Mexico who needs to create a Canadian power of attorney. I can't afford to fly back to Canada to do business on a regular basis. How do I get this set up in Mexico for use in Canada?
You need to contact a lawyer in Canada to do it and they will advise you if you need you to go to a Canadian consulate to have the document notarized. I know they will not accept a Mexican notario to do it. Mexican notarios can not help you. I could be wrong on both accounts, but that is what I was told. Wait for more input.
 

·
Registered
Joined
·
536 Posts
I am a Canadian living in Mexico who needs to create a Canadian power of attorney. I can't afford to fly back to Canada to do business on a regular basis. How do I get this set up in Mexico for use in Canada?
What do you need the power of attorney (POA) form for? Is it for a real estate transaction, banking, health care, etc. What restrictions do you want to include or what powers do you want to give someone and what do you not want them to be able to do.

There are all encompassing Enduring POA forms that would include even being able to make decisions for you if you lose your mental faculties. The other end of the spectrum is a POA that allows for a specific item such as the ability to sign legal documents for the sale of a specific house and no more than that. (or pay bills on your behalf, process applications on your behalf, any number of things although they are usually more general in power.) You really have to think twice as to who you are giving your POA to as they give that person the same abilities as you would have yourself. My wife has one for me and I have one for her but I would not give a POA to anyone that I did not know and trust completely.

If you provided further information I could email you a sample POA form in Word format (or PDF) format. If you were in Canada you could take it to a notary and have your signature witnessed and that would be the end of the procedure.

Most banks in Canada have their own POA forms but as my wife and I both have enduring POA we refuse to use their forms and they are not in a position to insist as the whole purpose of an existing POA is to give someone the ability to deal with other parties without further paperwork.
 

·
Banned
Joined
·
2,684 Posts
If you were in Canada you could take it to a notary and have your signature witnessed and that would be the end of the procedure.
The person asking the question is living in Mexico, and, therefore, is required to obtain a certification / notarization of the POA which is legally acceptable in Canada. My understanding is that the only source of such compliance is to be found at either the Embassy of Canada (in Mexico City) or at an authorized Consular office.

Consular Agency of Canada
Centro Comercial La Marina Business and Life
Blvd. Marina Mazatlán 2302, Office 41
Col. Marina Mazatlán
82103 Mazatlán, Sinaloa - Mexico

Telephone: (669) 913-7320
Fax: (669) 914-6655
E-mail: [email protected]

Hours of Operation
Monday - Friday: 9:30 am - 12:30 pm
 

·
Registered
Joined
·
536 Posts
The person asking the question is living in Mexico, and, therefore, is required to obtain a certification / notarization of the POA which is legally acceptable in Canada. My understanding is that the only source of such compliance is to be found at either the Embassy of Canada (in Mexico City) or at an authorized Consular office.

Consular Agency of Canada
Centro Comercial La Marina Business and Life
Blvd. Marina Mazatlán 2302, Office 41
Col. Marina Mazatlán
82103 Mazatlán, Sinaloa - Mexico

Telephone: (669) 913-7320
Fax: (669) 914-6655
E-mail: [email protected]

Hours of Operation
Monday - Friday: 9:30 am - 12:30 pm
I can appreciate that and agree.


I should have explained further. I was really commenting on the lack of need for a lawyer for a simple POA.


I was indicating that a person could prepare their own POA and then simply have the signature witnessed by a notary (if they were in Canada.) Lawyer not needed. Still need a notary as it has to be an official witness to make it legally accepted by government agencies, banks, companies, real estate lawyers, etc.

If this can be witnessed at the consulate then that should accomplish the same thing but I have no first hand knowledge of that as any POA I have prepared were for people in Canada.
 

·
Registered
Joined
·
536 Posts
After thinking about this question of Power of Attorney it raised an issue that I have never thought about.

While visiting in Mexico for up to six months would my Canadian Power of Attorney be of any use in Mexico? I have never thought about this before but I could imagine that there could be some circumstance that could arise in Mexico wherein my wife might have to act for me in a legal capacity if I was not able to. Would she be able to do so with my Canadian POA?

What would be required to make it legal, if possiblel? Have it translated into Spanish? If that was necessary, by whom?

Might be something that others have never thought about either so any answers would be appreciated. Thanks.
 

·
Registered
Joined
·
111 Posts
From my personal experience, using a notary at a Canadian embassy/consulate is the only way that works, unless, you can find a lawyer from Canada or the US that is still licensed to practice law.

I have had the need to do a POA here, as well as have real estate documents signed and had no problem with either of them.
 

·
Registered
Joined
·
536 Posts
From my personal experience, using a notary at a Canadian embassy/consulate is the only way that works, unless, you can find a lawyer from Canada or the US that is still licensed to practice law.

I have had the need to do a POA here, as well as have real estate documents signed and had no problem with either of them.
Thank you for your reply Belizegirl. But, I am not sure if I understand. Do you mean that I take my existing Canadian POA to the Canadian Embassy and have them notarize my existing POA or do I have to go and get them to notarize a "new" Canadian POA? :confused: (I just may be slow tonight. If so, please forgive me!!)
 

·
Banned
Joined
·
2,684 Posts
Thank you for your reply Belizegirl. But, I am not sure if I understand. Do you mean that I take my existing Canadian POA to the Canadian Embassy and have them notarize my existing POA or do I have to go and get them to notarize a "new" Canadian POA? :confused: (I just may be slow tonight. If so, please forgive me!!)
To be properly notarized, the person whose signature is being authenticated is required to sign the document in front of the official validating it as being original ... after verifying the signature by reviewing legally acceptable identification (such as a Canadian Passport or Mexican FM category visa). This is my understanding of how the process is supposed to work given the scenario presented by the person asking the original question at the top of the discussion.
 

·
Registered
Joined
·
111 Posts
You can bring any legal document to them, does not matter if you wrote it up yourself or if it is legalize and they will notarize it. Just have to do the usual swearing that you are you and understand what it is you are signing.

They do not go through all of the questions that a lawyer in Canada would ask you before signing a POA. I also brought along an affidavit of a witness, and the witness.

I had, yet another, document notarized last week and it was 600 PS.
 

·
Registered
Joined
·
536 Posts
You can bring any legal document to them, does not matter if you wrote it up yourself or if it is legalize and they will notarize it. Just have to do the usual swearing that you are you and understand what it is you are signing.

They do not go through all of the questions that a lawyer in Canada would ask you before signing a POA. I also brought along an affidavit of a witness, and the witness.

I had, yet another, document notarized last week and it was 600 PS.
Thank you very much for your reply. Very helpful. As mentioned, I had never thought about this issue before. Makes me wonder if a Canadian POA is acceptable while travelling in the US. Will have to do further research. Thanks again.
 

·
Registered
Joined
·
536 Posts
Seems I am super blonde this evening. :) Your existing POA is fine, however, be sure that you have travel insurance.

No need to have it notarized again.
So I do not have to have it translated into Spanish? In its existing form, signed by a notary in Canada, it is effective in Mexico.

Good to know about USA. Makes sense as our legal systems are similar, etc.

Travel insurance - I never leave home without it. Wouldn't even cross the border into Blaine from Vancouver (30 mn) without it. Or take my relatives without it.

A heart attack in the US could wipe out a lot of savings.
 

·
Registered
Joined
·
1,498 Posts
So I do not have to have it translated into Spanish? In its existing form, signed by a notary in Canada, it is effective in Mexico.

Good to know about USA. Makes sense as our legal systems are similar, etc.

Travel insurance - I never leave home without it. Wouldn't even cross the border into Blaine from Vancouver (30 mn) without it. Or take my relatives without it.

A heart attack in the US could wipe out a lot of savings.
So sad. So true.

Medical bills are the single largest cause of bankruptcy in this, the arguably richest country in the world.

To my mind, that's a sin and a shame.
 

·
Registered
Joined
·
536 Posts
So sad. So true.

Medical bills are the single largest cause of bankruptcy in this, the arguably richest country in the world.

To my mind, that's a sin and a shame.
That's one of the benefits of Canada. Health care.

Mind you, the system is getting so back logged that you can wait a long time for surgery. Some people end up waiting over a year or more for things like hip replacement, etc. and in the meantime have to suffer enormous pain but at least there is no monetary cost for the operation, etc.

Open heart surgery in Canada: $0

Open heart surgery while traveling in US without insurance: $$$$$$$$ GULP! :eek::mad:
 

·
Banned
Joined
·
2,684 Posts
So I do not have to have it translated into Spanish? In its existing form, signed by a notary in Canada, it is effective in Mexico.

Good to know about USA. Makes sense as our legal systems are similar, etc.

Travel insurance - I never leave home without it. Wouldn't even cross the border into Blaine from Vancouver (30 mn) without it. Or take my relatives without it.

A heart attack in the US could wipe out a lot of savings.
I don't know if an English language POA executed and notarized in Canada will be accepted in Mexico for legal purposes. That's really a legal question for an attorney or for the Canadian Consulate.

Regarding travel insurance: there are all types of travel insurance. Most are loaded with fine print, and there are probably more exclusions than inclusions. My USA health care insurance covers me when traveling in Mexico. I did purchase the trip travel insurance because of relocation expenses it might cover, but the fine print in the policies I've purchased have said I'm not guaranteed a return to your home country; only to the closest hospital equipped to handle the emergency. Trip interruption and lost luggage insurance seems to be valid. But, given the cost of the insurance .... I'm probably better-off self-insuring.
 

·
Registered
Joined
·
536 Posts
I don't know if an English language POA executed and notarized in Canada will be accepted in Mexico for legal purposes. That's really a legal question for an attorney or for the Canadian Consulate.

Regarding travel insurance: there are all types of travel insurance. Most are loaded with fine print, and there are probably more exclusions than inclusions. My USA health care insurance covers me when traveling in Mexico. I did purchase the trip travel insurance because of relocation expenses it might cover, but the fine print in the policies I've purchased have said I'm not guaranteed a return to your home country; only to the closest hospital equipped to handle the emergency. Trip interruption and lost luggage insurance seems to be valid. But, given the cost of the insurance .... I'm probably better-off self-insuring.
I can't agree with your last sentence, unless you are talking about self-insuring being an expat in Mexico. Many of us have come to that decision as surgery costs in high quality hospitals in Mexico are so reasonable. A person could take a certain sum of money and put it in an investment account. If you ever need it you have it available for medical expenses. If you don't need it it keeps on growing. If you didn't need it before an 8 - 10 year period your self-insurance fund would have doubled and any future need for funds would still leave plenty for future medical emergencies. Versus extremely high premiums to insure for senior expats.

But, if you are travelling back to the US or Canada you would still need the travel medical insurance.

Let's say that I was living in Ajijic and decided to return to Canada for a visit with relatives. During a 4 hour layover in Houston I have a heart attack. I am immediately taken to a Houston hospital where they determine I need open heart surgery. Without travel medical insurance I would be leaving the hospital broke.

So it is one thing to self-insure while residing in Mexico. That is what I would do myself. But it is an entirely different matter to self-insure while travelling outside of Mexico. That could severely damage your assets in the event of a crisis and that is what sometimes happens. Word of caution to anyone. :)
 

·
Banned
Joined
·
2,684 Posts
The travel insurance policies I've purchased required me to pay out-of-pocket first and then submit a claim for reimbursement, from what I'm recalling. Maybe there are policies other than the ones I've been buying and which cost more that are different. The policies have typically excluded pre-existing conditions, and include many other exclusions and restrictions that many/most people probably only learn about only after wanting to file a claim. You and I might be comparing apples to oranges, though, unless each of us had the same policy before us to see what it said. The devil is always in the details. So, whichever policy we're thinking of paying for all of us should carefully read the restrictions before buying (relying on) it. I still have excellent healthcare insurance through my employer in the USA (where I'm living) so I'm not at risk of being without coverage ... wherever I travel at the moment. It won't be long, though, until I retire and the risks are different.

Thanks.
 
1 - 20 of 25 Posts
Status
Not open for further replies.
Top