Power of Attorney
General Information
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 legalized, 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
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 the Power of Attorney for acts of administration and ownership but limited to the sale or purchase of a property.
Special Power
The document applies to a specific issue, for example, 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 businesses.
- With regards to certain goods (specifically those that refer to selling or donating real estate).
- With regards to time limitations.
Requirements
- The application for Power of Attorney.
- 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.
- 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 the appointment.
- 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 needed. If a similar power has already been issued in Mexico, it is also useful to include a copy of it.
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:
- Send the application and documents
Send the complete application and the following corresponding documents (application, identifications, marriage certificates, previous powers etc.) for revision to consularrum@sre.gob.mx. Do not send folders over 10 MB or in a ZIP format. - Wait for verification of documents
As soon as we have verified that the documentation is complete, you must book your appointment through Mi Consulado. - 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 (except for the attorney’s ID). If your marriage is classified as a marital partnership (sociedad conyugal) and the POA 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. - Processing
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 delivered in the same day.
Costs
Fees must be paid in cash, the exact amount (credit and debit cards are not accepted) on the day of the appointment, payable to the Mexican Consulate. Consular fees