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POWER OF ATTORNEY


Margo

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I am bringing my aunt with me to the Chapala area so that she can be in assisted living  that we can afford. Her passport is good for two years. We are gathering her documents to show that she gets just over $1800 a month i'm Social Security.

 I am her power of attorney. If we cannot qualify for the Temporal visa, will they expect her to come back to the states after every six months? She will be over 92 years old and frail. Do you think that as power of attorney I could bring her passport and visa back to the US and get it renewed when l renew mine without bringing her in such an exhausting trip?

by the way, the local consulate told me that legal documents made in the US have no bearing in Mexico. Is there a way that I can get power of attorney in Chapala without jumping through 1 million hoops?

Manyby the way, the local consulate told me that legal documents made in the US have no bearing in Mexico. Is there a way that I can get power of attorney in Chapala without jumping through 1 million hoops?

Many thanks for your help!

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You should have separate Mexican PofA and Wills, which can be done through a Mexican Notario once you are there.

Passports may be renewed easily through the US Consulate in Guadalajara, or through the consular officer who visits the area monthly & may be seen at either the Chapala American Legion or the Lake Chapala Society in Ajijic. 

Anyone who is not able to travel as a tourist, should definitely have a residence permit.  Apply at the nearest Mexican consulate in your home country.

Your aunt‘s budget will be very tight if in assisted living, and could get prohibitive as one deteriorates.  Who will fill the gap. There are no safety nets, as in the USA.

Does your aunt speak Spanish?

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If it was a relative of mine, I would bring her as a tourist, get a power of attorney here (easy), and she should qualify for a humanitarian visa. Why would she need a passport renewal as one is not needed for returning as remains? A passport is also easily renewed locally.

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(1)  As long as your aunt is sufficiently "with it" to grant P of A, then yes, you will need to get one with a Mexican notary. Get a health care directive at the same time, so you don't hit roadblocks if medical decisions have to be made when she cannot speak for herself, by reason of being mentally incompetent OR too out of it to give directions as to her wishes.

(2) If she has no Mexican hard assets (eg real estate) she has no need for a Mexican will.  IF there is any reason (US bank account, other NOB assets etc) her existing American will applies to those. IF you for any reason open a Mexican bank account for her (can't imagine why, but that's your business) make sure you make it a JOINT with right of survivor. That way you can access the account at any time. (If she made you "beneficiary" on the account, you could only access it after you presented a death certificate.)

(3)  I know of more than one person who, after ending up in assisted living (was trustee for one), simply "fell off the (immigration) radar once they were ensconced. It was known by family that the people I am speaking of would be there until they passed on. They would never be in a situation where anyone would ask for a passport or other documents, so nothing was ever renewed. NOT making a recommendation here..... just telling you I know it happens.

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I had a similar situation and was told by an attorney here that even though my mother entered the country as a tourist no one would seek her out in assisted living. However, be mindful that not all assisted living facilities are equal, even though they may present well. Get references from those who use them. Most charge right around $1500pesos per month and that includes meals. Unless she is on high cost medications (do check before coming-some medicines are pricey here but not all) or some form of renewals, she should be able to buy meds/incidentals on $300 US per month. Good luck!

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1 hour ago, Natasha said:

(1)  As long as your aunt is sufficiently "with it" to grant P of A, then yes, you will need to get one with a Mexican notary.

A regular attorney like Spencer can do it. For a will a notary is needed.

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3 hours ago, RVGRINGO said:

You should have separate Mexican PofA and Wills, which can be done through a Mexican Notario once you are there.

Passports may be renewed easily through the US Consulate in Guadalajara, or through the consular officer who visits the area monthly & may be seen at either the Chapala American Legion or the Lake Chapala Society in Ajijic. 

Anyone who is not able to travel as a tourist, should definitely have a residence permit.  Apply at the nearest Mexican consulate in your home country.

Your aunt‘s budget will be very tight if in assisted living, and could get prohibitive as one deteriorates.  Who will fill the gap. There are no safety nets, as in the USA.

Does your aunt speak Spanish?

No, no Spanish. I understand pretty well but speak poorly. I have excepted that I will probably spend a lot of my own savings on my aunt as time goes by. Thank you so much for your helphave excepted that I will probably spend a lot of my own savings on my aunt as time goes by. Thank you so much for your help

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3 hours ago, AngusMactavish said:

If it was a relative of mine, I would bring her as a tourist, get a power of attorney here (easy), and she should qualify for a humanitarian visa. Why would she need a passport renewal as one is not needed one for returning as remains? A passport is also easily renewed locally.

Humanitarian visa?  Interesting and soundstoo good to be true in our current world. But thank you I will check this out. You've been very helpful too good to be true in our current world. But thank you I will check this out. You've been very helpful

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5 minutes ago, Natasha said:

Not in my experience with 4 separate individuals/couples.....

I have signed several powers of attorney with my lawyer. It might be that the kind the OP wants is not a simple POA, but one related to oversight of another. 

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9 minutes ago, AngusMactavish said:

I have signed several powers of attorney with my lawyer. It might be that the kind the OP wants is not a simple POA, but one related to oversight of another. 

In my experience (not cast in stone) the kinds of powers she will need are done by notaries.

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On 10/13/2017 at 6:49 PM, IMBurnen said:

I had a similar situation and was told by an attorney here that even though my mother entered the country as a tourist no one would seek her out in assisted living. However, be mindful that not all assisted living facilities are equal, even though they may present well. Get references from those who use them. Most charge right around $1500pesos per month and that includes meals. Unless she is on high cost medications (do check before coming-some medicines are pricey here but not all) or some form of renewals, she should be able to buy meds/incidentals on $300 US per month. Good luck!

i think there is a typo here as none of the residences here could survive charging 1500 pesos per month. Too bad but I am sure that should be USDollars

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She should qualify for the temporary.  We can help and we are doing MANY powers of attorney in all states and here in Mexico.  She can do one in the US and it will be valid here IF done correctly or she can do one here in Mexico, its up to you. 

One of the largest real estate companies in the area now has my office prepare their POAs as it is easier for them.  We prepare them well and send a traveling notary to their client in the US, get the POA apostilled and then translate and then all good to go for the closing.  In certain states we can do this all within a few days.  Had zero problems so far and before they agency had problems with certain clauses being accepted by certain states as the Mexican notaries dont check individual US state laws nor were able to or if they were very slow to apostille and get documents back. 

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  • 2 weeks later...

My experience with my husband in 2016 was $1800 per month and up (depending on amount of care). Plus extra for meds, diapers, etc.This was at 2 different homes in the area. Perhaps there are other places for less, these were the only ones I asked.

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6 minutes ago, Mopsy said:

Perhaps there are other places for less, these were the only ones I asked.

General monthly fees for Alicia's Convalescent homes are between $1,200 - $1,600 USD.

We have 3 diferent level of care: assisted living, intermediate care and full care or nursing home. 

Assisted living .- For people who still can do everything by them self but some times need a little bit of help. 

Intermediate care.- For people who has a disability but mentaly are ok. 

Full care or Nursing home.- For residence who has Alzheimer´s or Dementia. 


In all our houses there´s 24/7 care, 3 meals a day (balance diet and always fresh food), laundry and cleaning every day, private rooms, WiFi, local transportation, cable tc, daily exercise; the most important is that when a new residence como to our place became part of our family.

http://aliciaconvalescent.com/index.html

 

 

 

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