A Quick Update

In 2010, we moved back to the small town in Colorado that I never stopped missing while we lived in Mexico. Now I sometimes miss Mexico, but I wouldn't travel as freely as we did when we were there, camping out in remote areas and so forth.

Mexico today is in a period of change, and in many ways it is more dangerous now. That said, I have plenty of American friends who still live there very happily, just taking a few more precautions than they did in the past.

Just to say!

Rosana

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Expedia is my favorite place to book airfare, and they handle hotels, car rentals, cruises, etc. I like the organization of the site for figuring out what flights I want. Click on the suitcase to take a look.

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I just learned that a friend of mine has put together a very useful website and PDF document on the subject of life planning, specifically for Jalisco but also pertinent wherever you are.

Visit http://lifeplanninginjalisco.wordpress.com/ to find out more.

This is a topic that it is all too easy to procrastinate on, but Susan has really made it easier to tackle. If you live in Mexico, or are thinking of it, this is really crucial! Maybe you have a Medical Directive for your home state in the US or province in Canada. Think it is valid in Jalisco?

Visit http://lifeplanninginjalisco.wordpress.com/ now, before procrastination takes over!

17 Responses to “Life Planning in Jalisco, A Guide for Expats”

  • Jaliscosusan says:

    Thanks Rosana for posting about my new blog….
    The information is tailored for those living in the Lake Chapala area of Jalisco.  However, much of the information is relevant for any place in Mexico because of the discussion on the 5 Mexican states that offer durable powers of attorney and the Mexican federal legislation end-of-life health care designation and health care directives.
    You can post a comment on the blog or email the author direction.
    Buena suarte!  

  • Jaliscosusan says:

    For those of you that live in in the Lago Chapala area, two articles are available this month.

    One just came out in Mexico-Insights (Living in Lake Chapala) an on-line subscription magazine published by Judy King.  The article is on writing up your Emergency Information.   

    The other article, on durable powers of attorney in Mexico, will be in the Lake Chapala Review and out around June 15th.  There’s no charge for this publication.

    JaliscoSusan

  • Hi,

    Thanks so much for this wonderfully written article on how
    amazing retiring in Mexico can be. It’s such a great place to go that offers
    quality of life and quality health care as well. Take a look at http://www.retireinnayarit.com, where I blog
    about retirement in Mexico and the Riviera Nayarit. Check it out and feel free
    to leave me your comments. Best wishes

     

    @retireinnayarit

    http://www.retireinnayarit.com

  • Jaliscosusan says:

    For anyone interested and living in the Ajijic area, there’s a durable power of attorney program set for 

    Tuesday, August 10th at 12:30.  
    Sponsored by the Ajijic American Legion and open to the general public.Location: Fito’s Restaurant, Hildalgo #113, Riberas.(East of Mirasol, on the same side of the highway)There will be a short presentation will be on durable powers of attorney, followed by a discussion.  The presentation will be based on the publication Life Planning in Jalisco.  More information can be found at http://www.lifeplanninginjalisco.wordpress.com.

  • Susan Reynolds says:

    Never a dull moment!!
    On August 1, 2011, new State of Jalisco legislation became effective.
    The bulk of the legislation focuses on amendments to processes involved in obtaining ‘guardianship’ for a person who is declared mentally incompetent.  Guardianship has been part of the civil for some time.

    What changed with this legislation is a brand new ‘durable’ power of attorney that previously did not exist.  Also, it is now possible for health care directives to be made that are legally binding.

    What is still unclear is how broad the durable power of attorney is and what is possible with the health care directives.  The firm of Vargas and Espinosa Notarios indicated that the health care directives are just for ‘therapeutic’ (curative) type of care rather than palliative care, or end-of-life choices available in the Mexican federal end-of-life legislation.

    For those interested, please check the website from time to time over the next few weeks to see what the findings are from the legal ‘folks’ who have been so gracious with their time in keeping the legal information on Life Planning in Jalisco as current as possible.

  • Rosana says:

    Thanks for the update, Susan! Sounds like good news.

  • Susan Reynolds says:

    The Lake Chapala area’s English-language newspaper, the Guadalajara Reporter, September 17 – 23, 2011,  ran my article “Federal palliative care rights law more robust than new Jalisco bill.”    While the new State of Jalisco bill on ‘guardianship’ offers improvement in the process and a durable power of attorney that allows someone to name the ‘guardian’ in advance, the health care directives don’t offer what someone can get, including foreigners, from the Mexican federal legislation.  The federal legislation provides for patient’s rights for palliative and end-of-life care similar to what we have become used to in the US.  Currently, however, those rights are restricted to someone in a terminal situation with an expected less than six months.  That legislation was passed in 2008.

    Roberto Espinosa, from the law firm of Vargas & Espinosa Notarios, was the primary source for the article.  Roberto is going to be my guest speaker lakeside in November presenting information on the new State of Jalisco legislation and the Mexican Federal Legislation.  More information will be posted as plans firm up!

  • Susan Reynolds says:

    Supporting Life Planning activities these days in the Lake Chapala area is Vida Alarms a new company in town providing services for security and personal alarms  (this is not a whole house alarm system, but a personal panic button).

    This is something we could very much use the the lake Chapala community….that we seem to have a hard time attracting and supporting.

    They will be at the Lake Chapala Society in Ajijic at the health fair on Tuesday and Wednesday, October 11 and 12 from 10 to 1:00.  Drop by and check out their services.

    Jalisco Susan

  • Susan Reynolds says:

    The Lake Chapala Society (LCS) has a brand new link to their website.  They are now supporting local authors by posting their publications on-line.  Take a look.  If you are a local author, you are welcome to post on the website.
    http://lakechapalasociety.org/test/Main/main_07_classified-books.phpCheers,Jalisco Susan
      

  • Susan Reynolds says:

    “Make Your Health Decisions in Advance” by Susan Reynolds is an article just out in the October 15, Lake Chapala Review (volumne 13, Issue 10, page 5).

    It is a brief article on getting legally binding health directives in Jalisco, and in other states of Mexico.If you live in the lake Chapala area, the LCR is a complimentary publication available in many of the shops.On-line, it will take LCR a bit of time to get this volume uploaded.  But, eventually you will be able to get the article on-line by using the information above.  Just put Lake Chapala Review into a search engine and go from there.

    Susan

  • Susanmx says:

    Living in the Lake Chapala Area?  

    The “Book Store” in Plaza Bugambilias in Ajijic is now carrying the publication, Life Planning in Jalisco.    They are located tucked away at the end of the mall.

    They are open 7 days a week and carry a large supply of English-language materials.

    Susan

  • Susan Reynolds says:

    Public presentation…..if you are in the Lake Chapala area on Friday, February 24th,  2:00 pm at the Lake Chapala Society you are invited.

    The Life Planning in Jalisco project has used the law firm of Vargas & Espinosa Notarios in Guadalajara for resources.  They have been very gracious with their time.

    They will be discussing the Mexican Federal end of life legislation and the July 2011 Jalisco State legislation that is available to foreigners as well as Mexicans.

    See http://lifeplanninginjalisco.wordpress.com for more information.

  • Susan Reynolds says:

    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

    http://www.notario113.com
    and http://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.

     

    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.

     

  • For more information about the legislation, or information about the publication, see http://www.lifeplanninginjalisco.wordpress.com.

  • Susan Reynolds says:

    The Lake Chapala Society (LCS) has expanded their post-life program and brochure to what they are now calling, “Being Prepared For Life and Death Lakeside”.  While they are well-intended, the brochure is misleading and inaccurate.

    They make little effort in separating the differences between Mexican federal law and Jalisco state law, especially on health care directives.  There are no legal citations so that someone could actually read the legislation for themselves.   They make no distinction between palliative care provided by the Mexican federal legislation and the very limited ‘curative or therapeutic’ directives allowed in a limited health care directive only for the purposes of the guardianship when a person is in the process of being declared by the State of Jalisco to be mentally incompetent.  It is also stated that “Health Care Directives require notarization”  when in fact the Mexican federal end-of-life legislation specifically states that only 2 witnesses need to sign the health care directive (I have verified this with two law firms in Guadalajara; Vargas and Espinosa and Ana Villanueva, Legal Counsel for Puerta de Hierro Hospital.  They, especially, are used to working with these health care directives and know what is required and what the hospital will recognize).It makes one wonder if anyone at LCS actually read the legislation before producing this brochure?In addition, they completely ignore the fact that those of us who have health care directives, durable powers of attorney (not available in Jalisco) can ‘import’ them based on the 1961 Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents (see Life Planning in Jalisco for the full reference).  In my case, my US documents were ‘apostilled’ in the state where they were made, brought to Jalisco and legally translated for use here.  My durable power of attorney, hard copy, sits in the file at my bank in Ajijic and my health care directives sit in a file ready to be used if ever needed.One other factor I find interesting.  LCS has a board member who is selling his services to write ‘health care directives’.  The LCS brochure seems to ‘slanted’ in his direction in that there aren’t many pages that don’t mention the ‘health care directive’ and ending up with all the contact information for this ‘consultant.’   Where I come from, this is a conflict of interest, but I guess not at LCS.If you go to the Life Planning in Jalisco website you will find sites to information on the MX federal legislation, website for legal information and writing your own health care directives and more…all free and in English.Life is Good….enjoy your day and give your dog a hug!

  • Jaliscosusan says:

    Women’s Health Fair
    Tuesday October 16th, 2012
    8:30 to 4:00
    Real de Chapala Hotel in Ajijic

    Nearly 80 vendors, including Life Planning in Jalisco
    Handouts: Mexican Federal End of Life Legislation, Sample corresponding Health Care Designations and Health Care Directives, discounted publications to the first five persons who purchase the publication…..and information and questions are always invited….at no charge, of course.

  • Susan says:

    The publication Life Planning in Jalisco is now available at Integrity Medical Offices on the Libremiento in Ajijic (next to the car wash and near Walmart). The publication is at the Receptionist’s desk; still $200mx. They are also still available at the Law Office of Azucena Bateman and Diane Pearl’s Tienda, both on Ocampo in Ajijic.

    Lots of information is available without charge on the website at http://www.lifeplanninginjalisco.wordpress.com and on Facebook under Life Planning in Jalisco. If you go to the facebook page, make sure to ‘like’ the page.

    Recently I was asked if the publication is good for other Mexican States. Absolutely!!

    Information about the Mexican Federal Palliative Health Care Directive applies across Mexico, as well as bringing in from outside of Mexico durable powers of attorney for health care and financial decisions. The guidelines for pulling together emergency information for short or longer incapacitations is good for anywhere you live!!

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