Power of Attorney (Natural Person)
It is possible to process notary documents in the Embassy of Mexico to certify, authenticate and register mandates, Power of Attorney, Wills, and Renunciations of Inheritance, provided they are intended to be effective only in Mexico.
Acts issued by the Mexican consulates or Embassies do not need to be legalised, apostilled or authenticated and they will take immediate effect.
All power of attorneys issued at the embassy of Mexico are issued in Spanish. If you cannot read in Spanish, you will be required to have an interpreter that can assist you to translate the document and to request any changes to it.
Power of Attorney
A Power of Attorney is a legal document that allows you (the grantor) to appoint one or more people (attorneys) to make decisions on your behalf. Power of attorney can either be General or Special:
General power applies to an indefinite number of legal acts and it does not expire unless it is revoked, it includes a specific expiry date or one of the parties perishes.
Four types of General Power exist:
· General Power for litigation and collection (Poder general para pleitos y cobranzas): Attorney can provide representation in legal proceedings and collections
· General Power for Administration Acts (Poder general para actos de administración): Attorney can handle the management of assets and interests
· General Power for Ownership Acts (Poder General para actos de dominio): Attorney can buy, sell, donate or mortgage assets and property on behalf of the grantor
· General Power of Attorney (known as General Power for Litigation and Collection, Administration Acts, and Ownership Acts)
A General Power of Attorney covers all three types of acts and can manage all estate of the grantor. However, this may cause the attorney to go beyond his duties. Therefore, it is recommended that you include some form of limitation in the scope of power. An example may include a Power of Attorney for acts of administration and ownership but limited to the sale or purchase of a property.
The document applies to a specific issue, for example, a bank withdrawal. However, the attorney can carry out various actions that are directly related, which must be set forth in the power of attorney. This power expires once the matter it was provided for has concluded.
Special Power has an advantage over General Power because it provides greater security to the grantor; the attorney cannot intervene in matters that have not been specifically mentioned in the document.
However, you must try to be specific as possible, for example;
· With regards to particular businesses.
· With regards to certain goods (specifically those that refer to selling or donating real estate).
· With regards to time limitations.
2. Official identification of the person who will grant the power (grantor) and of the person who will receive the power (attorney). On the day of the appointment, you only need to bring original and photocopy of the ID of the grantor.
3. If the grantor is married, please bring the marriage certificate. The original of and a photocopy of this document will be requested on the day of appointment.
4. Draft of the desired power (optional). It is possible to use a generic model for general power but we always recommend consulting a lawyer or notary in Mexico to confirm what is actually needed. If a similar power has already been issued in Mexico, it is also useful to include a copy of it.
5. If the grantor does not understand Spanish, the grantor must be assisted by an interpreter. The interpreter must bring his or her official valid identification (original and photocopy) and the following information: date of birth, place of birth (country and state), nationality, occupation, marital status and current address.
Steps to Follow
1. Send the application and documents
2. Wait for verification of documents
As soon as we have verified that the documentation is complete, you will be assigned a date to come to the Embassy of Mexico. It is essential that you appear in person. If there is a date that best suits you, please indicate this when you send your documents so the embassy can verify appointment availability. Otherwise, you will be assigned an appointment on the next available date.
3. Lodge your application in person at the embassy
The day of the appointment you must present valid ID, marriage certificate, and the remaining documents sent via email (with the exception of the attorney’s ID). If your marriage is classified as a marital partnership (sociedad conyugal) and the power includes acts of administration or ownership, the spouse must also be present at the appointment. Otherwise, a clause will be included in the legal document indicating that spousal permission may be required for the execution of power. If you do not speak Spanish, your interpreter must be present on the day of the appointment and carry with them their official ID.
The document is prepared, reviewed, signed and paid for on the same day of the appointment. Once it has been signed by the applicant, the document is processed and finished within 24 hours.
The costs are adjusted each month depending on the current exchange rates. To see the current rates, click here. Fees must be paid in exact change and in cash (credit and debit cards are not accepted).
Frequently Asked Questions
· What is the difference between “natural person’’ and “legal person’’?
A natural person is a human being with rights and obligations. A legal person is a group of people united under a common cause, for example, a commercial company or civil association.
· Can I grant the same power to two or more attorneys? / Can two or more grantors grant the same power to an attorney?
Yes. Powers of attorney can have multiple grantors and/or attorneys. If there is more than one attorney, it can be indicated in the Power of Attorney whether you’d like to grant the power in a joint or separate form.
· For the purpose of Power of Attorney, what if I changed my name in Australia, but not in Mexico?
If you have not legally changed your name in Mexico, your name in Mexico is still the same as your birth certificate. If you have changed your name overseas, you will need to fully certify all the identification you possess and have possessed by means of official photo identification and other documentation that confirms you are the same person. In the Power of Attorney, you may include the previous names that you have had, as long as it can be proved that you are the same person.
· Can I apply for a Power of Attorney not in person?
No. Due to the fact that a Power of Attorney can grant extensive powers to a third party, including the sale of property or contracting credit, you must certify your identity and give authorisation and consent. These documents require a signature in order to be verified. with a written signature in the document for the Power of Attorney.
· When a family member dies in Mexico, is it possible to appoint Power of Attorney to give my inheritance to someone else?
No. You can choose to not accept the inheritance; however, you will not be able to designate a person to give the inheritance to. By rejecting the inheritance, you will also forgo the rights included in the will. Despite this, you can authorise a third person to execute the ensuing processes in legitimate succession, including the acceptance and subsequent transfer/sale of any goods you may receive.
Embassy of Mexico in Australia
+61 (02) 6273 3963.