BajaNomad - Plans for the dearly departed.....

Plans for the dearly departed.....

EnsenadaDr - 11-11-2011 at 08:29 AM

I had a very good friend of mine pass away this past week in Punta Banda, Ensenada. Her kids were all up in Oregon. Unless you have an official translated power of attorney in Mexico, your hands are tied. First you have to go to the morgue to identify the body. Then you have to get a release form from the Ministerio Publico to release the body for cremation at the Funeral Parlor. The only way to do this is to get a notarized letter authorizing you to handle all of the affairs from a next of kin, in this case who was a daughter, and she must fax her birth certificate as well to show she is the daughter of the deceased. Then it has to be translated to Spanish by an official translator of Mexico. If you have no next of kin, and the deceased didn't have a letter designating you as power of attorney, (which must be translated by an official translator) I hear you end up in the fosa comun or common pit by the segundas here next to Los Globos if you live in Ensenada. (Sorry to be so gruesome folks, but I spent this whole week running around...and learning how much red tape there is in Mexico...so I thought I would pass it along to try and help some of you...as I plan to facilitate this process for myself after going through all of this...)

shari - 11-11-2011 at 08:34 AM

sorry for your loss of an amiga and all the work it took to deal with her remains.

thanks for this info Doc...very important and a good idea to have a Notarized Carta Poder in with your will.

DianaT - 11-11-2011 at 08:41 AM

Excellent information. Is it the same for husband and wife? We have all the proper papers in the US, but it looks like that would not work.

If I understand, each of us should have a Mexican power of attorney for the other one and one of our children should have a Mexican power of attorney for both of us?

And I am real sorry for the loss of your friend. Thank you for taking the time to write about this.

J.P. - 11-11-2011 at 09:01 AM

Sorry about your friend, I dont think your research went quite far enough, If someone dies and is in the care of a DR. you dont have to jump through all those hoops . if you have a family DR. in Mexico call them and have them pronunce the person dead and he can sign the death cert. and simplfy the legal process.

bacquito - 11-11-2011 at 09:08 AM

Good information, sorry for your loss of a friend and all the trouble you went through.

EnsenadaDr - 11-11-2011 at 09:15 AM

This was not research, this was something I had to go through because nobody else wanted to assist the family of the friend with the arrangements. The Mexican doctor in this case would not sign the death certificate. The autopsy was done at the morgue and the medico forense or medical forensic doctor, as we call them, pathologists, (remember Quincy, the TV show) signed the certificado de defuncion or death certificate. The Death Certificate is one thing, but having the body cremated is another. Because cremation is a process that gets rid of all evidence, Mexicans don't look at this thing lightly. You have to get a LIBERACION, or release of the body to the funeral home. This requires a carta de poder, as Shari referred to it. And what about the belongings? Unless you are married, and have an official translated copy of the marriage if it wasn't done in Mexico, you have to jump that hoop as well.

DENNIS - 11-11-2011 at 09:21 AM

Quote:

Originally posted by J.P.
Sorry about your friend, I dont think your research went quite far enough,

Really John?? She's a doctor of medicine and knows of what she speaks although it is reassuring to her, I'm sure, that you are here to judge the depth and quality of her knowledge and research.
Keep up the good work.

J.P. - 11-11-2011 at 09:25 AM

Quote:

Originally posted by EnsenadaDr
This was not research, this was something I had to go through because nobody else wanted to assist the family of the friend with the arrangements. The Mexican doctor in this case would not sign the death certificate. The autopsy was done at the morgue and the medico forense or medical forensic doctor, as we call them, pathologists, (remember Quincy, the TV show) signed the certificado de defuncion or death certificate. The Death Certificate is one thing, but having the body cremated is another. Because cremation is a process that gets rid of all evidence, Mexicans don't look at this thing lightly. You have to get a LIBERACION, or release of the body to the funeral home. This requires a carta de poder, as Shari referred to it. And what about the belongings? Unless you are married, and have an official translated copy of the marriage if it wasn't done in Mexico, you have to jump that hoop as well.

It is not my desire to enter a spitting contest with you . My post was based on actual experince with the death of my Wife. The Dr made all ariangments. I did not have to produce nothing . Just pay the mourge for the creamation.

Iflyfish - 11-11-2011 at 09:32 AM

Thank you EnsenadaDR both for your very kind assistance to your friend and her family. I admire your committment to service to all of us by sharing this difficult experience with us. I too am sorry for your loss.

I have started another thread that has to do with how to obtain medical care in Baja and what should be part of ones medical care planning. You have added immensly to this body of knowledge.

You have outlined a very complex process that is a mystery to most of us and one that many of us will one day need to interface with.

Thank you for addressing cultural as well as legal issues in your post.

My head spins as I read this thread. I wonder if someone might summarize this thread into a "To Do List" for us after all the information is presented. I hope to do this on the emergency medical care thread. I thing that this "To Do List" including all of the documents needed, would be very useful. I for instance learned that it would be a good idea for us to carry copies of our marriage license with us in Baja, a real issue since we both have maintained our last names.

Thanks again for your very helpful post.

Iflyfish

Cold potato

Dave - 11-11-2011 at 09:52 AM

One of the fun things about being dead is that you no longer care. To that end I purposefully haven't made any plans.

I'd guess you all had better hope I don't die at your house.

mcfez - 11-11-2011 at 10:03 AM

EnsenadaDr....I know this a subject that has never crossed most minds here. I thank you for bringing this subject up for attention.

We all should care about the issues of death...the aftermath of it. Not caring / preparing a course of action in case of death intentionally ...............is pure disrespecting.

Sorry for your loss.

bajaguy - 11-11-2011 at 10:07 AM

Quote:

Originally posted by Dave
One of the fun things about being dead is that you no longer care. To that end I purposefully haven't made any plans.

I'd guess you all had better hope I don't die at your house.

If you do, you will have a dumpster as a casket :lol:

greengoes - 11-11-2011 at 10:14 AM

Quote:

Originally posted by J.P.
Sorry about your friend, I dont think your research went quite far enough, If someone dies and is in the care of a DR. you dont have to jump through all those hoops . if you have a family DR. in Mexico call them and have them pronunce the person dead and he can sign the death cert. and simplfy the legal process.

Also, a file needs to be established with an accredited Mexican mortuary to facilitate the return of the remains to the US, if that is desired.

Woooosh - 11-11-2011 at 10:25 AM

I still like the idea of using our Baja pet cremation service. I could pass for an old fat St. Bernard. I've already got a place on the memorial shelf for me picked out. I'd just have to ask Zatika Memorials not to use the bone-shaped urn.

More seriously- I do imagine it would be easier for a Mexico cremation than to deal with shipping a stiff body around.

[Edited on 11-11-2011 by Woooosh]

What, Me Worry?

Dave - 11-11-2011 at 10:44 AM

Quote:

Originally posted by bajaguy

If you do, you will have a dumpster as a casket :lol:

After reading Mcfez's comments I realize how disrespectful not planning would be so I'm gonna write up a will and have my body delivered to his place.

A sense of humor is very necessary....

EnsenadaDr - 11-11-2011 at 12:26 PM

Don't think I mind your funny comments, cause I don't...on another site, if anyone cracked a joke they would be attacked by the pirannas that swim freely on that board or the Grand Kahuna of Baja who can't stand anything that's not shiny or happy.. On the serious side, John, you were married and marriage means everything in this virtuous and virginal culture, and so things will be settled just fine with a marriage certificate...were you married to a Mexican and was your marriage certificate translated into Spanish? For my friend, who was single and not so loving it, I just went to the morgue AGAIN earlier today cause the police wouldn't release the body cause now that want an original birth certificate and power of attorney that the daughter signed in another state in the US that she signed over to me...but now I hear that if an American dies and there is no family around Mexican law has it that they must wait 21 days to release the body...so I am waiting to hear if the Doctor of the morgue has any influence with the Ministerio Publico...

Iflyfish - 11-11-2011 at 01:44 PM

You got that right about humor, life is too short to spend it being grim!

This is very useful information for those of us who have not had to deal with this situation. It sounds like if one is to use a marriage license for transactions in Mexico that the license must be translated, by a certified translator and that form submitted? Did I get that right?

Iflyfish