Over the last year and a half, we have learned a harsh lesson; we need to be well prepared for the unexpected. Suddenly, there was a worldwide lockdown for COVID, and people were unable to travel to tend to their businesses or homes in other countries; some who became ill were unable to assign someone to take care of their affairs.

One measure to take when living or doing business in different countries is to draft a Power of Attorney - POA, granting authorization to another, whether a lawyer, partner or business associate, to represent you if for some reason you can not be in Mexico.

You may want your lawyer to draft a POA if you need to leave the country and are involved in:

• A real estate transaction
• Opening a business
• Litigation
• Personal injury claim
• Entering a contract
• Divorce proceedings
• etc.

Once your lawyer has a POA, they can organize and close a real estate or business transaction or proceed with litigation on your behalf while you are out of Mexico.
A POA can be drafted with different degrees of authority and expiry dates; simple or all empowering. Some only last as long as a particular legal act/transaction with a specific expiration date; once the transaction is finalized, the lawyer will no longer have authority. On the other hand, a POA may last indefinitely, for example, a business owner who is not always in the country.

Common types of power or attorneys in Mexico

• For litigation and collection proceedings - legal representative before the Mexican judiciary system.
• Administration - public administration, authorization with private companies and utility companies.
• Dominium or ownership purposes.
• Banking Powers - acts related to opening and managing bank accounts.

It is possible to authenticate a POA from your home country by Apostille (if your home country is part of the Hague Treaty). If the POA was established in Canada or in another country that does not belong to the Hague Treaty, it must be authenticated by the Mexican Embassy or Consulate.

A Power of Attorney document prepared in Mexico will include English & Spanish. It is essential to keep a certified copy of the power of attorney since the attorney will keep the original.

Kanan Lawyers assist with POA. Contact us at info@kananlawyers.com.