In most countries, Power of Attorney’s (POA’s) can be done in the confort of your home and without witnesses. In Mexico, formalities are more complex.
Private POA’s have to include the signature of 2 witnesses and copies of their official ID’s, and this type of POA’s (called “Carta Poder”) are usually not valid for most procedures.
Public POA’s (or Notary POA’s) are the only ones which can be valid in any situation, because its subscription (signing it) happens in front of an authority (the Notary or a Consul). By the way, the reason why it can be given in consulates is because Consul’s act as Mexican Notaries abroad.
There are 3 types of general POA’s:
- Litigation, called in spanish “Pleitos y cobranzas”,
- Administration for administering property, but not selling it, and
- Domain (for selling property or assets).
A POA can also be limited by the object (for example, may the representative only act in regards to some specific property), by the time (for example, the representative may only use it the following year) and by the task (for example, may the representative only use it for donating property to my kids)
The representative has to be somebody you really trust or a lawyer with whom you have a clear contract, because Mexican POA’s follow the theory of embodiment, which means that when that person goes in front of an authority with such POA, is just like you were going there yourself.
A good thing about having a POA assigned to a lawyer in Mexico is that in case you are not in the country and some legal issue arises, that lawyer can immediately take action on your behalf.
We offer a service so that you can appoint someone you trust or one of our lawyers to represent you or your company in case you are absent. Don’t hesitate to check it out.