Power of Attorney in Mexico

Power of Attorney- POA in Mexico, like other countries around the world, can be established by granting one or several people sufficient authorization to represent you in one or more acts to be held in Mexico.

We recommend that a POA be tailored to whatever your intentions are in Mexico; these can be divided into:

• Powers of Ownership – Performing acts related to Real Estate.
• Banking Powers – Performing all kinds of acts related to opening and managing bank accounts.
• Administration Power – This power will be used for all types of procedures related to any public administration body and even authorization with private companies such as utility companies etc.
• Powers of Litigation – These powers are granted when you require a legal representative before the Mexican judicial system.

If you have to grant a POA, it is only necessary to grant authority for a specific situation; this way, you avoid issues with the person abusing their powers.

Likewise, the POA can be designed to appear for a specific act, one time only or you may stipulate the validity period, for example, this POA will be valid for 30 days after the date of its issuance.

There are two types of situations in which you may require a POA for someone to represent you in one or more transactions in Mexico:

1.- You are entering into a contract or transaction, you are in Mexico, but you need to return to your home country so you will assign someone in Mexico to sign on your behalf.

2.- You are entering into a contract or transaction in Mexico, but you are outside of Mexico and can not be here at the time of signing.

In the first example, since you are in Mexico, the POA must be held in a public deed before a Notary Public; you can ask the lawyer in Mexico to help you select which type of POA suits you depending on your situation. Some POAs can be prepared as quickly as 24 hours or less.

In the second example, there are two ways in which you can grant a POA from your country of origin to be used in Mexico; the process will depend on whether or not your country is part of The Hague treaty. 

If your home country is apart of the Hague Treaty, use an Apostille to certify the authenticity of the signature on the POA.

In countries such as Canada who did not sign the treaty, the POA will only be recognized if it is authenticated or certified by the Mexican Embassy or Consulate.

We suggest you contact a lawyer in Mexico to determine which type of POA will be the best option to guarantee your protection.