MX Fed/Jalisco State Legislation, health care directives, POAs / Presentation Summary

Life Planning Presentation
Sponsored by Life Planning in Jalisco
February 24, 2012, Lake Chapala Society, Ajijic

Topics:
Mexican Federal End-of-Life Legislation (2008)
Allowing you to designate one or more persons to act on your behalf when you cannot for medical decisions and allowing you to make end-of-life ‘palliative’ health care directives, and

Jalisco State Legislation (2011)
Allowing a ‘limited durable power of attorney’ and ‘curative/therapeutic’ health care directives used in conjunction with the State’s Tutor/Guardianship process.

Lead Speaker:
Roberto Espinosa, Attorney and Partner
Law Firm of Vargas & Espinosa
Justo Sierra No 3022, Col. Vallarta San Lucas, Guadalajara, Tel. 36 15 56 26
www.notario113.com and www.notario114.com

Mr. Espinosa presented on both topics and can be contacted if there are specific questions or interest in further information on the State of Jalisco Tutor/Guardianship process. He speaks English. Notario Vargas, from the same firm has experience and background in working with both the federal and state legislation. Vargas & Espinosa is a law firm of 20 staff, with 2 notarios, located off of Lopez Mateos in Guadalajara.

Guest Speaker:
Ms. Ana Cecilia Villanueva S., Attorney and Partner
Acosta & Associates, Abogada Corporative
Bajada de las Aquilas No. 1240, Colonia Lomas del Valle, Guadalajara
Tel. 333 641 2774

Acosta & Associates are legal counsel for Puerta de Hierro Hospital in Guadalajara.
Ms. Villanueva speaks English and can discuss with you what health care directives are legally recognized and valid at the hospital whether they come from Mexico or outside of Mexico.

Summary of Presentation

Mexican Federal end-of-life legislation
The legislation allows you to designate one or more people to act on your behalf if you become terminally ill and cannot act on your own behalf in making medical decisions (Legislation link and more information is found at www.lifeplanninginjalisco.wordpress.com).

The legislation sets out health care directives for end-of-life palliative care from which you can chose directives such as requesting hospice, pain control, deny curative care and more.

The document must be in writing, dated, signed, plus signed by two witnesses.
The person making the document must be mentally capable, over age 18.
If the patient is not mentally capable, the document can be challenged. The document cannot request euthanasia or assisted suicide.

The health care directives for palliative care are only valid if the patient is determined to have a terminal disease. They do not apply to non-terminal diseases or medical situations.

If the patient is diagnosed with a terminal situation, expected to live 6 months or less, but lives longer, the health care directives for palliative care remain valid.

The persons named to make medical decisions on your behalf do not have to reside in Jalisco or in Mexico, but they do have to be present at the hospital.

The document does not have a 5 year expiration, and remains valid through any incapacitation.

The directives have to be honored by doctors, nurses, hospitals and family.


Jalisco State Legislation (2011)
Allows a ‘limited durable power of attorney’ and ‘curative/therapeutic’ (not palliative) health care directives. The health care directives remain in place without any expiration date, unless changed by the grantor.

The limited durable power of attorney is for ‘personal’ matters such as health care decisions. Unlike other powers of attorney in Jalisco, the ‘durability’ in this document allows it to remain valid if the person making the document becomes mentally incapacitated during the term of the document, and that this situation was specifically stated in the text of the document.

The limited durable power of attorney is intended for use with the Tutor/ Guardianship process in which a person goes through a process of being declared mentally incompetent. At the end of this process, a Tutor/Guardian is assigned. The new legislation allows for a person to designate someone in advance to act as Tutor/Guardian.


FILOLI