Foreigners Represented by a Power of Attorney in Mexico
There are many situations you may require a Power of Attorney, a legal document granting a legal representative the authority to act for another person or business. The POA may allow broad legal authority or provide limited authority to make legal decisions about a particular property or financial matter.
By having a POA in Mexico, the client saves time and avoids travel expenses to sign the related documents. You may use a POA during any legal situation, incorporation or real estate transactions.
One example would be purchasing real estate in Mexico; clients often bestow power of attorney to MEXLAW if they are not able to stay in Mexico during the purchase procedure.
The lawyer assigned as POA can continue the closing process while the client is out of the country. Real estate investors in Canada or the US may be able to sign documents and return them to their lawyer by fax or email during the initial stages of a sale, but the final steps of completing the purchase will require the buyer’s signature or their Power of Attorney at the Notary Public. A Power of Attorney may be a specific or as general as you wish.
General Power of Attorney
This type of POA applies to an indefinite series of legal acts and will not expire unless it is expressly canceled through a “Revocation,” the grantor or guardian dies, or the act it refers to is settled.
General Powers of Attorney Categories:
- Power for Domain Acts
Assigned if you wish to appoint a person to trade or sell a property.
- Power for Management Acts
To manage the property and handle different procedures in government offices.
- Power for Lawsuits and Collections
Assigned to lawyers to represent their client in court, in any civil, criminal, commercial, acts.
- Power for Titles and Credit Operations
To authorize someone to perform transactions in banking institutions or give promissory notes.
- Special Power of Attorney
This POA is drafted to be applied to one or more particular issue and expires once that issue is resolved. It is the most secure as the representative may only deal with the particular issue which is stated in the document. For instance the sale of a specific property or a signature relating to an estate.
Are POAs granted abroad recognized in Mexico?
Yes, in countries that signed the Hague Treaty of 1965 use the Apostille, which certifies the authenticity of the signature on the POA.
In the case of countries who did not sign the treaty, for instance, Canada, the POA will be recognized if it is authenticated or certified by the Mexican Embassy or Consulate.
The steps to grant POA to MEXLAW for distant buyers, incorporation of a business or any other legal matter:
- The POA will be drafted by a lawyer. They will provide instruction regarding payment.
- Complete the POA in English and Spanish.
- Print two copies of the POA.
- Authenticate your signature at a Notary Public, provide a copy of your passport.
- For the certification of the Notary Public’s signature, contact The Official Document Services in Canada or in the US, the Secretary of State Office in your city of residence.
- Once this process is completed, you must then deliver the POA to the Mexican Consulate to have them Apostilled or Legalized. This process is usually quick and inexpensive.
- Courier the Apostilled or Legalized POA by FEDEX or UPS to MEXLAW.
Get a quote for Closing Services and Power of Attorney from MEXLAW, a trusted English speaking law firm in Playa del Carmen, Nuevo Vallarta and Tulum.