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Author: Subject: Death in Baja
Pescador
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[*] posted on 3-15-2014 at 12:03 PM
Death in Baja


I have a friend who has worked quite some time on producing this document. I will paste this information or you can send me a u2u and I will send the whole PDF file to you. It answers a lot of questions about how to handle a death while in Baja and has a wealth of information. My thanks to Dale DeRemer of San Bruno for working so hard on this.

IF DEATH IN BAJA Dale DeRemer and Armandina Machuca March, 2014 TABLE OF CONTENTS Your Preparation Responsibilities - A two-pronged fork Page 1 Prepare your Document package Page 2 If a person......... Is Seriously ILL Page 2 Dies in a Hospital Page 2 Dies at home Page 2 Dies on the road Page 2 'Claiming' the body Pages 2, 3 Methods of disposition of the Body Local Burial Page 3 Cremation Page 3 Fosa Clandestina - A No No Page 4 Transport of Bodily Remains to the USA Page 4
In case of Presumptive Death (body is missing, not recovered) Page 5
COSTS Page 5
CONTACT INFORMATION Page 6 THE LAST WORD Page 6 PREPARING YOUR OWN DOCUMENTATION PACKAGE Page 7 BURIAL INSTRUCTIONS IN ENGLISH, SPANISH Pages 8,9 POWER OF ATTORNEY EXAMPLE IN ENGLISH, SPANISH Pages 10,11
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IF DEATH IN BAJA Dale DeRemer and Armandina Machuca February, 2014 This document was researched and written to help you prepare yourself for the event of death happening in Baja and to prepare yourself so that you know what to do to help the family of a friend who has just passed away. Because conditions, rules, laws and practices are very much subject to change in Baja with time and location, and because we are human and make mistakes, we must disclaim any responsibility for the use of the information contained herein. Based on our own experience with a friend who recently died, and our research and talking with operators of a funeraria and a Velatorio, we believe the following to be true but cannot promise that will be the case when you encounter the need to administer to the affairs of someone who has recently deceased. THE MOST IMPORTANT THING YOU CAN DO IS PREPARE WELL FOR THIS EVENT THAT, AS YOU GROW OLDER, BECOMES MORE LIKELY TO HAPPEN TO FRIENDS, FAMILY MEMBERS OR TO YOURSELF, SO LET'S TALK ABOUT THAT PREPARATION. IT IS AN ONGOING PROCESS INVOLVING THIS TWO-PRONGED FORK: ->UPDATING YOUR KNOWLEDGE BASE -Just knowing what needs to be done, and how to get it done, is a big comfort and makes your job easier. This document can help you with that. ->PREPARING YOUR OWN PERSONAL DOCUMENTATION NOW, THAT WILL BE INSTANTLY NEEDED WHEN YOUR EVENT HAPPENS - This document will help you do that. OK, let's get started! ____________________________________ A myth: "In Mexico, a body must be in the ground, or cremated, within 72 hours of death". The truth: The time before a body must be in the ground can be as little as 24 hours! And, the body must be "claimed" by someone within 24 hours of death or the body will be buried in a pauper's unmarked grave and, by law, cannot be exhumed to carry out that person's (or the family's) wishes for 6 years if the deceased person had reached 15 years old (it is 5 years if younger than 15). Knowing that, it is easier to understand why it is so important to have a person's paperwork package properly done, kept up to date, and readily available (and easy to find), and have your emergency contact persons made fully aware of the extremely tight time restrictions. Their actions must not be 'put off until maybe tomorrow', as is so normal for someone to do when they are facing an unpleasant task and are emotionally affected. And, their role should be a little easier if they understand the process and what they must do, and how quickly the body must be 'claimed'. Who is going to tell them? You are!
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PREPARE YOUR DOCUMENT PACKAGE Attached to this document are pages that can make up most of your document package. It is best to prepare several copies of the package, and keep one in the car, one in your house in Baja, give one to one or more responsible persons in Baja and give one or more to responsible persons in the USA. Put the one in your baja house somewhere that is easy to find. We don't think that financial information should be included. That should be another info packet (either written or digitalized) that is in the hands of your designated trustee. See the attached document package on pages 6 to 7, to see what should be included. WHY IS THIS SO IMPORTANT? GO BACK AND READ PAGE 1 AGAIN! IF A PERSON IS SERIOUSLY ILL, TRANSPORT THEM IN YOUR VEHICLE TO THE NEAREST HOSPITAL, OR CALL AN AMBULANCE (which will take much longer). Part of your preparation is to know where the closest hospital is and where the emergency room door is (Urgencias). Your life will be much easier if the person dies in the hospital rather than at home or on the road as it negates the need for an investigation (inquiry into cause of death) by the Coroner's office and the Ministerial Publico (County Attorney's Office). IF A PERSON DIES IN A HOSPITAL, the hospital will call the Coroner's office. Your job will be to, as quick as possible, find the person who will take responsibility to 'claim' the body and get them (or you, if you are 'claiming') in touch with the Coroner's office and the office of the Ministerio Publico. 'CLAIMING' the body means that you are the person who will be responsible for the funeral costs (you guarantee those costs will be paid), and you will find proof of the disposal wishes of the dead person, and will put that office in touch with the 'next of kin' or designated trustee. You could conceivably be held responsible by the dead person's family if you make some arrangements that they deem incorrect, so consider carefully taking on the responsibility. IF A PERSON DIES AT HOME, do not move the body until either the dead person's usual doctor, or the County Coroner has completed their investigation and approves moving the body or until the Coroner requests the body be moved. Some coroner's offices will transport the body to their office but once their work is done, you, as claimant, are responsible for seeing to the transport of the body to its next destination. Transporting a body is illegal in Mexico without the appropriate permits and licenses. Transportation of the body will be done by the Funeral Home or by the Velatorio (licensed funeral services organization that obtains permits, sequesters the body, transports the body to the grave site, etc. They do not do embalming-only a funeral home does that.) In the case of local burial, embalming is not required but the burial must take place within 24 to 48 hours. See the list of telephone numbers on pages 5 and 6.
IF A PERSON DIES ON THE ROAD, probably the best thing to do is drive to the nearest hospital but there are other considerations involved in that decision. It is not within the scope of this document to discuss that area of decision making, although there is a hint below. By the way, are you and your loved ones carrying a paper on your person that has current emergency contact information?
3
After the coroner's office is notified, it investigates and issues a 'Certificado de Muerte'. This is not a legal death certificate. It is official certification of cause (determined by doctor's knowledge of the situation, coroner's satisfaction of cause, autopsy or necropsia) and time of death, and is the basis for issuance of the Acta de Defunción, or Certificado de de Defunción, the real (legal) death certificate. This certificate is not required for transportation for local burial, but is required for transportation for cremation, insurance, etc. With it, the US Consulate in Tijuana will issue the original and 20 copies of a death certificate that is legal for use in the USA. The ACTA DE DEFUNCIÓN is acquired from the CURP office (Palacio municipal in Santa Rosalia for Mulege county). They will require the Certificado de Muerte, 3 witnesses who will certify that they knew the person and that the person is dead (they need to have their official I.D. with them), and passport of the deceased and copy thereof. It is also the responsibility of the 'Claimant' to call the US Consulate in Tijuana or the Consular Warden in Mulege to notify them of the death. See phone numbers and website information on page 6. METHODS OF DISPOSITION OF THE BODY (In Mulege County) LOCAL BURIAL: If the deceased wishes to be buried locally: the ACTA de Defunción is not needed for local burial (but the burial must happen within 24 (summer) to 48 (cool weather) hours) but that document must be obtained within 2 weeks of the time of death. Burial in the local cemetery of the town of residence of the dead person is relatively simple and the lowest cost option (unless the person dies in or near La Paz where the only crematorium in Baja Sur is). A local contractor or the family and/or friends digs the hole, blocks up the walls to the proper depth, seals the grave with concrete and rebar after internment and installs the marker. The gravesite is acquired by contact with the town official (Delegado) and quite likely is free if the dead person is a resident. See the cost comparison on page 6.
CREMATION: If the dead person or family requests cremation, things get a little more complex unless the death occurs in the vicinity of La Paz, Ensenada or Tijuana, where there are crematoriums. The only crematorium in Baja California Sur is in La Paz. In Mulege county, since the body must be transported a considerable distance, it must first be embalmed. The nearest embalmer (funeral home) in Mulege County is in Vizcaino, so the body can be transported (or in Guerrero Negro, Loreto or La Paz), embalmed, and then transported to the crematorium in La Paz, Ensenada or Tijuana. There have been some times when the crematorium in La Paz is not functioning, in which case the body must be transported to Ensenada (actually a tad closer than La Paz) or Tijuana. The days of "just throw grandpa in the back of Juan's pickup so Juan can drive him to La Paz" were over some years ago. Transportation of bodies is expensive because those who have a permit to transport are few so there is little or no competition. The only price I have for transport from Vizcaino to La Paz is $15,000 pesos (about $1200). One fellow remarked, "so if you know your very sick friend wants to be cremated maybe it is best to just drive him to the hospital in La Paz and hope he doesn't die along the way". If your friend has MASA membership, take him to the hospital at Loreto because MASA

[Edited on 3-15-2014 by Pescador]




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[*] posted on 3-15-2014 at 12:12 PM


i'll take a PDF please.



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[*] posted on 3-15-2014 at 12:42 PM


Want a coppy? I just blue-highlighted, hit 'copy' and pasted in Microsoft Word 2007. I strongly suggest all nomads do likewise, or the equivalent thereof. Great info.
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[*] posted on 3-15-2014 at 01:10 PM


I also did the copy-paste thing.
Great info, Buddy!




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[*] posted on 3-15-2014 at 02:10 PM


Either that or send me your e-mail address and I will send you the whole PDF file. It is there to be used and we hope that it is very useful for everyone.



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[*] posted on 3-15-2014 at 02:47 PM


Quote:
Originally posted by woody with a view
i'll take a PDF please.



Me too. Do you want email or U2U?




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[*] posted on 3-15-2014 at 02:51 PM


I just U2U'd my email addy. Thanks.



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[*] posted on 3-15-2014 at 04:54 PM
LINKS ALL PARTS of this series


Over time, without links to the next part, it may become difficult to quickly find them to read through, this being made up of several separate posts. Here are the parts:

Part 1: http://forums.bajanomad.com/viewthread.php?tid=72743

Part 2: http://forums.bajanomad.com/viewthread.php?tid=72745

Part 3: http://forums.bajanomad.com/viewthread.php?tid=72746

Part 4: http://forums.bajanomad.com/viewthread.php?tid=72747




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