Health care directives and Durable POAs: what's available for use in Jalisco?Presentation 2/24 2:00 PM LCS Sala MX Federal end-of-life legisl Jalisco state leg. July 2011 Health Care Directives Durable POAs Palliative vs Curative/therap
Posted 21 February 2012 - 10:08 AM
Roberto Espinosa, the son of Notario Espinosa, will be presenting information on the Mexican federal end-of-life legislation which provides for an equivalent of a 'durable power of attorney' and health care directives for palliative care when a person has been diagnosed with a terminal disease (this does NOT apply to dementia or Alzheizmer's disease).
Part of the discussion will be the July 2011 Jalisco state legislation which provides for the first time a limited durable power of attorrney (meaning that it remains in place beyond incapacitation, BUT IT STILL EXPIRES IN 5 YEARS AS THE REGULAR PODER) and a limited health care directive, which does not expire. However, both of these documents are linked to the State's process of determining someone incompetent (legislatively) and appointing a guardian.
The presentation will be approximately an hour, with a 10 minute break, followed by questions and answers.
Roberto will stay for about 45 minutes after to take specific questions from individuals. You will need to sign up to speak with Roberto after the presentation.
Also available is Ana Cecilia Villanueva from the law firm of Acosta & Associates. She is a partner with that firm and is legal counsel for Puerta de Hierro in Zapopan. Ms. Villanueva will be available for questions following the presentation if you have questions about your health care directives from outside of Mexico that you have apostilled and translated.
I have verified with Puerta de Hierro that those documents are legally recognized here and accepted by the hospital and supported by their legal counsel as long as the directives do not contradict Mexican law.
For more information, google the article Guadalajara Reporter, “Federal palliative care rights law more robust than new Jalisco bill” September 15, 2011.
Posted 21 February 2012 - 07:51 PM
Posted 21 February 2012 - 10:22 PM
The publication provides guidelines for developing emergency information for emergencies, short and longer-term incapacitations, how to set up an emergency contact system and more.
The second part of the publication provides information on how to obtain and use a durable power of attorney for medical or financial decisions that can be used in the state of Jalisco (the state of Jalisco does not provide for a durable power of attorney for any purpose other than legislation as of July 2011 which now has a limited durable power of attorney to be used relative to the 'guardianship' process, where someone has been 'legislatively' determined incompetent).
The second part also includes information on what's available for preparing health care directives that are legally recognized in the state of Jalisco, especially directives for palliative care.
The point of having a durable power of attorney for health and finance is for someone to act on your behalf when you cannot do so. The health care directives set out in advance what care you want or don't want when you cannot speak for yourself in any way.
The laws in Mexico and in the state of Jalisco are very different from what many of us know from outside of Mexico or the state of Jalisco. The publication addresses these differences and the legally recognized 'work-arounds.'
The final section of the publication provides guidance in pulling all of the information together, where and how to store it 'securely, determining who should know where the information is if needed, etc.
If you click on the link above to the GR article published in September, you will find additional information that I cannot post here because the information includes a website with one 'commercial' item, which makes it a 'no-no' to post on this board. The website includes lots of information on durable powers of attorney, health care directives, on-line resources and more. There is also a link to the Mexican federal end-of-life legislation in English along additional background information.
Posted 22 February 2012 - 06:43 AM
Posted 25 March 2012 - 11:05 AM
Life Planning Presentation
Sponsored by Life Planning in Jalisco
February 24, 2012, Lake Chapala Society, Ajijic
Mexican Federal End-of-Life Legislation (2008)
Allowing you to designate one or more persons to act on your behalf when you cannot for medical decisions and allowing you to make end-of-life ‘palliative’ health care directives, and
Jalisco State Legislation (2011)
Allowing a ‘limited durable power of attorney’ and ‘curative/therapeutic’ health care directives used in conjunction with the State’s Tutor/Guardianship process.
Roberto Espinosa, Attorney and Partner
Law Firm of Vargas & Espinosa
Justo Sierra No 3022, Col. Vallarta San Lucas, Guadalajara, Tel. 36 15 56 26
www.notario113.com and www.notario114.com
Mr. Espinosa presented on both topics and can be contacted if there are specific questions or interest in further information on the State of Jalisco Tutor/Guardianship process. He speaks English. Notario Vargas, from the same firm has experience and background in working with both the federal and state legislation. Vargas & Espinosa is a law firm of 20 staff, with 2 notarios, located off of Lopez Mateos in Guadalajara.
Ms. Ana Cecilia Villanueva S., Attorney and Partner
Acosta & Associates, Abogada Corporative
Bajada de las Aquilas No. 1240, Colonia Lomas del Valle, Guadalajara
Tel. 333 641 2774
Acosta & Associates are legal counsel for Puerta de Hierro Hospital in Guadalajara.
Ms. Villanueva speaks English and can discuss with you what health care directives are legally recognized and valid at the hospital whether they come from Mexico or outside of Mexico.
Summary of Presentation
Mexican Federal end-of-life legislation
The legislation allows you to designate one or more people to act on your behalf if you become terminally ill and cannot act on your own behalf in making medical decisions (for a link to the legislation, enter into google 'Mexican federal end of life legislation').
The legislation sets out health care directives for end-of-life palliative care from which you can chose directives such as requesting hospice, pain control, deny curative care and more.
The document must be in writing, dated, signed, plus signed by two witnesses.
The person making the document must be mentally capable, over age 18.
If the patient is not mentally capable, the document can be challenged. The document cannot request euthanasia or assisted suicide.
The health care directives for palliative care are only valid if the patient is determined to have a terminal disease. They do not apply to non-terminal diseases or medical situations.
If the patient is diagnosed with a terminal situation, expected to live 6 months or less, but lives longer, the health care directives for palliative care remain valid.
The persons named to make medical decisions on your behalf do not have to reside in Jalisco or in Mexico, but they do have to be present at the hospital.
The document does not have a 5 year expiration, and remains valid through any incapacitation.
The directives have to be honored by doctors, nurses, hospitals and family.
Jalisco State Legislation (2011)
Allows a ‘limited durable power of attorney’ and ‘curative/therapeutic’ (not palliative) health care directives. The health care directives remain in place without any expiration date, unless changed by the grantor.
The limited durable power of attorney is for ‘personal’ matters such as health care decisions. Unlike other powers of attorney in Jalisco, the ‘durability’ in this document allows it to remain valid if the person making the document becomes mentally incapacitated during the term of the document, and that this situation was specifically stated in the text of the document.
The limited durable power of attorney is intended for use with the Tutor/ Guardianship process in which a person goes through a process of being declared mentally incompetent. At the end of this process, a Tutor/Guardian is assigned. The new legislation allows for a person to designate someone in advance to act as Tutor/Guardian.
Posted 25 March 2012 - 11:08 AM
The contact information for the key law firms used for the project are noted and these people can be contacted with your personal questions.
There's lots of other information on-line such as the Federal legislation, news articles from the Guadalajara Reporter and more. You can reach this information by just entering the key information into google.
Also tagged with one or more of these keywords: Presentation 2/24, 2:00 PM, LCS Sala, MX Federal end-of-life legisl, Jalisco state leg. July 2011, Health Care Directives, Durable POAs, Palliative vs Curative/therap
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