Mat and Cindy from Portland, OR
Hi Angel, we follow your column religiously, thank you for all the spot-on information! Our
question is about DNR´s, we have heard varying information from the way far left - that
euthanasia is, if not “legal” certainly “available, to a far-right perspective that DNR´s are not
available legally in Mexico due to its Catholic history. What is the real situation concerning
rights to “end of life” choice?
Angel responds:
Hi Mat and Cindy, this is an extremely sensitive topic which often can be confusing. To bring
some clarity I will tackle “euthanasia” first. Suicide, attempted suicide, and assisted suicide are
all illegal. There are varying degrees of penalties which are determined as to the “property”
(physical body) which is damaged “dead” or “almost dead” meaning a failed suicide or failed
assisted suicide. In almost all cases the penalties are of a felony classification resulting in
potential corporal punishment (imprisonment) of 2 to 10 years.
When doctors or medical staff are involved, loss of medical license’s is an included punishment
along with possible imprisonment.
The situation on DNR´s is more straightforward and at the same time slightly different than one
might expect. In Mexico, the preservation of life as a constitutional right is strictly upheld, due to
its constitutional mandate which may or may not have arisen from our Catholic heritage (read
between the lines).
This being said, once we are “plugged in” to any form of life support, we in theory would not be
able to be “legally” unplugged without falling into the previous category of “assisted suicide”.
However, when we have an Advance Medical Directive properly written by an attorney, ratified
by a Notary, and registered at a municipal, state, and federal level we may “opt-out” of all forms
of artificial life support as described by our directive.
One might interpret this to say that we can choose to NOT be “plugged in” and are NOT allowed
to choose to be “unplugged”, a small, yet VERY IMPORTANT difference.
The Advance Medical Directive will cover with great specificity all foreseeable situations by
which through this legislated legal document we may give direction to when, and where artificial
life support would be acceptable for each individual and where and under what circumstances we
choose to refrain from ventilators, feeding machines or other forms of stimulus.
As an important footnote, the next of kin or spouse can NOT express these wishes if they are not
written in this format, meaning that a spouse, child, or parent would not be able to make this
decision in the “ER” for their significant other, even if they were aware of their wishes; when
they are not expressly documented and registered with the state.
Debbie and Joaquin Smith, Hawaii.
Hi Angel, what is a “Durable Power of Attorney” and when would I use this document?
Angel responds:
Hello Debbie and Joaquin, nice to hear from you again.
As you know Debbie having gone through the “probate” process once already here in Mexico
successfully, the process can be slow (your case was 2.5 years and uncontested as I recall), and
costly.
A “durable” POA in Mexico is different from a regular POA, which most commonly is granted
in a range of areas from a “simple” POA which is witnessed with no requirement of being
notarized for simple acts of administration. Other types of POA’s are granted in front of a
“NOTARIO” written by strict legislated standards and registered in the municipal and state registry where granted.
Each power granted to the empowered party must be written with great
specificity and can range from medical powers to the maximum power of dominion, which
would allow the empowered party to sell, buy, real property, grant or acquire debt, as well as
invest or divest of investment instruments.
All POA’S with the exception of the durable POA when written under federal article 2600-2603,
extinguish (end) at the end of the grantor’s life or at the end of five (5) years, (this time frame
can vary under individual civil codes from state to state.
The durable POA is most useful for administrative acts before health insurance companies, life
insurance, hospitals, and public registries, in acquiring state and federal documents on behalf of
the deceased.
This along with the Last Will and Testament, Advance Medical Directive, and depending on
one’s philosophy; a Mexican version of the DNR, would be the appropriate documents to
contemplate for a well-prepared and responsible preparation of End-of-Life documents for use in
Mexico.
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.com
*AfterLife™ Medical Advocacy is a national program available exclusively through Inmtec™
that sees to the professional production of all the documents needed to oversee issues such as
medical advocacy, pre, and post-death planning, the care and transport of physical remains, and
all issues regarding probate and emergency contact communication with friends and family for
the peaceful transition of assets.
Do you have a question?