Legal Q&A Property Acquisitions

Tim from Tempe, Arizona

Hi Angel, can you give me a quick background on a Mexican medical directive, what it is, whatit’s for, here in Mexico, and how I go about getting one. Gracias!

Ángel

Hi Tim, the 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 andas 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 thatspecifically spells out the individual’s treatment preferences, specifies who will oversee thesedirections for treatment (medical advocate), and names your personal physician to overseetreatment protocols.

When interviewing attorneys or notarios, make sure they have experience in estate and medicalplanning, that you can understand them, and that the process is explained. Also, always makesure that your documents are notarized on federal folios, including the appropriate federalholograms, and that the directives are registered at the municipal, state, and federal levels toensure that your paperwork becomes included in the National Database.

Gary and Laura from Chicago Il.

Hola Angel, we have received our deed for our new property in Los Cabos (hurray 6 monthslater), now we are looking at wills and the BIG question, what happens if we die in Mexico. Wehave heard that it can be complicated to say the least, what do you recommend we do in terms of planning for this eventuality?

Ángel

Hello Gary and Laura. You are absolutely correct, there is a laundry list of things thatneed to be seen after a member of the guest community passes, including planning the funeralservice, obtaining medical certificates of death and state-issued death certificates, notification tothe 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 andthroughout Mexico that attends to all of this and serves as an interface with the family left behindto ensure a peaceful process for the inheritors that bridges the language barrier as well ascontemplates 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 anywherein the Mexican Federation as well as the creation of the numerous documents crafted to complywith Mexican law including an Advance Medical Directive, Last Will and Testament, DurablePower of Attorney, and a do-not-resuscitate order (DNR).

Jay and Tarra from Seattle WA.

Hi Angel, we are “newbies” in terms of buying property outside of the USA, we are hearing thatwe CAN own property in Mexico, but restrictions apply… we own the trust but not theproperty??? We are very confused as you can see, would you explain this to us, please?

Ángel

Let’s start by clarifying, who is a foreigner in Mexico. Well, they are all the people whowere not born in the country, and those who have not obtained Mexican nationality through thelegal naturalization process. 

But despite not being considered a national residing in the country as a Mexican citizen theyenjoy all the rights that the political constitution and human rights grant to anyone who is withinthe country, one of them being the power to acquire private property in the national territory.First, you must meet some requirements. So what are the requirements to buy a property? Youshould know that to acquire a property in the country, you have to obtain permission from theSecretary of External Relations. 

The requirements that the Secretary of Foreign Relations places on foreigners to be grantedpermission to acquire real estate are: submit a notification to this authority stating the intention toacquire a property; prove your legal stay in the country with your immigration form and attach tosend the request a legal document describing the property someone plans 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 adjacentcountries, the political constitution of Mexico prohibits foreigners from acquiring property alongall borders and seas. This area is called «the restricted zone» and 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 LegalServices™, Inmtec Title Services™, Inmtec Insurance™, Estate Planning, Asset Protection, andAfterLife™ Medical Advocacy by Inmtec™, please contact Angel Marin Díazat  info@inmtec.net, 415 121 9005 wwww.inmtec.net.