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What you need to know about INSABI

• You do not need to sign up; when you need medical treatment, present a National Electoral Institute INE or CURP or birth certificate at the hospital. 
• This service is free; there are no monthly fees or enrollment fees.
• The service provides free healthcare on the first and second levels; however, the National and Federal Institutes of Health providing treatment at the third level are subject to fees.
• There are no restrictions, and all the conditions will be treated.
• Catastrophic expenses and the treatment of life-threatening diseases like cancer and HIV are covered.
• The Institute must provide free medications and supplies related to treatment.
• Treatment includes; clinical diagnosis, hospitalization, surgery, medication, and analysis studies.
• You must attend a public hospital; this health care service does not include private hospitals. 
• Treatment centers include; Health Centers with Extended Services (CESSA), medical units of IMSS Wellness, Units of Medical Specialties (Unemes), and general hospitals.
• If you are denied medical attention, encounter abusive practice, or receive unnecessary charges, report the full name of the employee and hospital to 800 76 78 527 or email atencioninsabi@salud.gob.mx.  https://www.gob.mx/insabi 

Off to a Rocky Start 

So far, there are discrepancies between what the government is promising and what is taking place, there are reports that hospitals do not have the supplies or medications available causing patients to buy them out of pocket, and although it states there are no restrictions, and all the conditions will be treated, some patients have been charged for treatment. 

Our Recommendation

Although it would be great to have free healthcare available, it is important to understand hospitals in Mexico are overcrowded, lack personal attention, and may not meet the standard you expect after living in first-world countries. We suggest expats purchase private health insurance and take advantage of the private hospitals with the latest technology, sterile environment, private modern rooms, and personalized attention. 

Get a quote for private health insurance in Mexico contact us now. 

The post 10 Things You Should Know About the New Health Service in Mexico appeared first on MEXLAW.

As a single parent, it is even more imperative to prepare a will and select a guardian. In a two-parent home, if one parent dies, the children are more likely to remain in their home with the surviving parent but what happens in a single-parent family? 

• It is difficult to think about this situation, but it is so important to be prepared, no one wants a child’s future to be left at the mercy of the court or involved with squabbling relatives or an estranged ex. Sadly the fear of dealing with an estate plan puts children in a vulnerable situation.

Considerations for Preparing a Single Parent’s Will 

• The most important decision you need to make is choosing a guardian for your child.

Where will your child live and with whom? Do they need to change schools, neighborhoods, even countries? 

• As expats living in Mexico, will your family/guardian be able to move the child to their country? What are the legal aspects of relocating a child to another country?
• Regarding the trust, make sure there are sound instructions to ensure your wishes and expectations for your kids and guardian are followed. 
• Who will control the trust and at what age can the child have access to their inheritance?
• Who is involved in your child’s life? Include details about who is authorized to have visitation with the minor. Is there an estranged parent or ex-partner? Consider whether visitation with this person is permitted or if it is preferable not to allow visitation, make sure your family and guardian are prepared to advocate for your wishes and what is best for the child. 
• List people in your life who are permitted to advise or consent on significant decisions such as education, healthcare, and finances.

Do not delay creating a will, it is a difficult topic but imagine your children are suddenly without you and not only dealing with the pain of loss but their fear of where they go from here. Contact us now for advice about wills and estate planning. 

During September and October, MexLaw is offering will preparation for foreigners in Mexico at a discounted price of only $250 USD (regular price $450). 

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When you file a claim for damage or loss, the insurance company will require proof of any loss you have suffered. If you experience loss whether through a robbery, fire or water damages to your home you will not be in the best state of mind to remember every item you owned, ease stress, and ensure you recoup your losses by being proactive.

Document your possessions and keep all your receipts for big-ticket items. There are a few ways to document your belongings; we suggest that you not only take pictures of expensive artwork, collectibles or jewelry but place the items on a current newspaper showing the date or use a smartphone with time-stamped photos. Another option would be to create a video to document your belongings. Email the photo catalog of your belongings to your insurance agent and copy yourself, this provides the date which you had possession of the property and proves you are not claiming items that did not belong to you before the damage or loss occurred.

Any valuable collectibles should have a receipt or proof of the assessed value to ensure they are sufficiently insured.  Itemize any collectible or antique items in the policy including the value, a copy of the receipt, date of purchase, and photos of the items.

You can also take inventory of your home with a smartphone app, yes there’s an app for that!  Did you know you can take stock with your phone and store your inventory list and photos on ICloud? Check out “home inventory” in the app store to find different options.

A detailed description of your home inventory should include:

• Photographs or video of all items
• Receipts with the date of purchase
• Serial numbers
• Appraisal if the item is collectible or antique

Typically we keep receipts for the big-ticket items such as flat screen TVs, appliances, game consoles, and computers but you need to consider all the little stuff in your home, small appliances, clothing, kitchenware and linens, these items add up and are expensive to replace.  Take photos in the kitchen, dishes, pots, expensive carving knives, wine glasses, and china. Open all cupboards and drawers to get a complete inventory on film. Do not forget the outdoor valuables, include patio furniture, garden tools, pool equipment, and BBQ.

Store your inventory online and make extra copies to keep in a safety deposit box or give a friend or family member for safe keeping.

The insurance companies will request these details, especially when paying out for big-ticket items, so the more evidence you can provide, the smoother and more efficient the claim will be.

If you have any questions about home insurance in Mexico, contact Guardian Insurance, an experienced international team working towards one goal: your peace of mind.

The post A Complete Home Inventory is Key to Proving Loss appeared first on MEXLAW.

Although the general hospital is economical or free, it may not be the standard of a hospital you expect in comparison to the U.S. or Canada. Most expats prefer to use private health insurance and stay at a private hospital equipped with the latest technology, high-level care with private, modern rooms, and the comforts the general hospital does not provide.

One alternative is to buy private insurance and pay out of pocket for general doctors visits, for example, you may only spend 30 to 500 pesos for a consultation, even the specialists are very reasonable, with practically no wait time. Prescriptions and services such as ultrasounds, blood work, and x-rays are substantially less expensive in Mexico. Many medical laboratory tests can be carried out without a doctors referral.

Patients in the rest of North America find themselves waiting months for ultrasounds, CT scans or x-rays, and up to six months for a consultation with a specialist. Surgery wait times are lengthy in many cases over a year and have become commonplace in the rest of North America. Private hospitals in Mexico have virtually no wait time for most consults and surgeries.

Private practice doctors have time for their patients without the limit of one symptom per visit, and some doctors still make house calls, at a very reasonable price.

Many foreigners travel to Mexico for surgery to avoid long wait times and for elective surgeries not covered by their health insurance. Treatment cost in Mexico is 50% to 80% less expensive than Canada or the U.S.

The most common surgeries performed in Mexico include:

• Hip replacement and knee replacement
• Cosmetic surgery
• Dentistry
• Orthopedic surgery
• Bariatric (weight loss) surgery
• Ocular surgery
• Cardiovascular surgery

Purchase Mexican medical insurance from a broker licensed to sell in Mexico. If you have questions about any insurance matter in Mexico contact us.

The post Expats Have Access To Healthcare in Mexico on 3 Levels appeared first on MEXLAW.

One difficulty expats experience is finding an insurance company that covers your investment in the same manner which expats have come to know back in the US or Canada. Finding a company you can rely on and trust, and knowing that if your investment is threatened, they will back you up, is key when determining who to use.

Find a company that provides equal service as American or Canadian companies, who are located and licensed to sell insurance in Mexico. Some Mexican companies may not offer you the same protection. Know your options; there are many choices for home insurance in Mexico, and many companies from the US or Canada offer homeowner policies on Mexican homes. They may offer a better price and more coverage.

HOA Policy

When investing in a condominium, review the condo association’s commercial policy. The policy will typically cover the complex structure, common areas, and swimming pool. They do not cover your unit or your belongings. Read the fine print regarding what is included in the complex´s policy and what is your responsibility to cover. Do not assume you are protected by the complex´s policy. For instance, if your bathroom leaks into another suite you will be responsible. It is important to purchase insurance to complement the complex’s insurance policy.

Rental Insurance

If your Mexican home will be used as a rental long-term or even occasionally, make sure you have rental insurance. Renting out your condo while you are back home is a great way to offset costs and gain revenue, but one accident could cost you your home. Protect yourself from liability. Should a tenant be injured on your property you may be liable for their medical expenses plus lost wages. If you rely on your rental property income, you may want to include a “loss of use” risk in your policy.

The “loss of use” coverage can be broken down into two categories. One is “loss of rental income” if you are claiming loss of revenue due to damage you will have to provide proof that the property would have been rented out during this time. An example of evidence of loss would be a long-term rental agreement or reservations through a website such as Airbnb. Or the properties previous rental history, for instance, loss of use during high season.

The second category of “loss of use” would be extra living expenses, if the owners themselves cannot live in their home, they will be reimbursed including hotel and other costs.

Earthquake and Hurricane Coverage

Expats investing in property along the Caribbean or the Pacific Coast should consider hurricane insurance, in the past, this feature was regarded as an expensive add-on, but many companies are making hurricane coverage more accessible.

In some areas of Mexico, earthquakes are quite common, depending on your location you may consider earthquake insurance. Although incidents causing extensive damage caused by earthquakes is rare, even a relatively minor earthquake will cause damage that is expensive to repair. Research the area to find out if you are at risk.

Home Contents, Personal Goods and Chattels

What does your policy cover as far as home contents?

Imagine you had to replace everything in your home, TVs, computers cameras and other electronics, furniture, clothing, bedding, kitchen wares, and jewelry. If you think about the things we accumulate over time, it would be costly to replace them all at once. Review the policy limits; you may require extra coverage for specific items.  Ensure you are covered for theft, water damage, and fire.

An inexpensive feature you will want to add to your policy is power surge coverage. Typically we think of a power surge protection for computers and electronics, but surge protection also protects your air conditioner, washer and dryer, and other expensive appliances.

The post The Basics of Condo Insurance for Expats Investing in Mexican Real Estate appeared first on MEXLAW.

What if the incident was not your fault? Who is responsible for your loss? You may have a personal injury case on your hands. When accidents happen at no fault of your own, it is hard to think about what you need to do besides getting medical treatment. You need to think about the accident as a legal case. Collect evidence such as photos of the accident site, or the structure that caused the accident, for instance in slip and fall incidents ill-maintained or flooded walkways or poorly lit areas. Keep receipts for treatment and other expenses as these items are essential if you want to be reimbursed for your losses.

It is imperative to receive medical treatment and hire a Mexican personal injury attorney as soon as possible. When selecting a personal injury lawyer consider these points:

• Is the lawyer experienced in personal injury claims?
• How many personal injury cases has the law firm won? What compensation have they won for their clients?
• Does the firm have connections with expert witnesses who will contribute to building your case?
• How long does the lawyer expect to resolve this case and reimburse your financial loss?
• Does the lawyer work on a contingency basis? You will pay a retainer, but the majority of the legal fees will be deducted from the settlement.
• How frequently does the attorney go to trial? Will your lawyer fight for your case or settle quickly? Choose a lawyer who is willing to go to trial if it is necessary to receive a proper settlement. An experienced lawyer knows if your case warrants going to trial or if it makes more sense to settle out of court.

During the negotiation stage of the claim you will be required to provide the following documents:

• Receipts for fees and expenses for hospitals, clinics, and medical costs not covered by private or public insurance.
• If you have been reimbursed for any portion of the expenses, provide the payment receipt.  
• Medical assessments and reports indicating any permanent or temporary disability and rehabilitation programs.
• Receipts for prescription drugs relating to this incident.
• Any other receipts relating directly to or as a cause of this incident such as transportation (plane, taxi, etc.) including extra fees for changing the date of your return flight.
• Any written statement made by you regarding this incident including emails.
• All correspondence received from the defendant concerning this claim.
• Hotel or excursion reservation and confirmation (if applicable).
• Lease contracts for vehicles (if applicable).
• Pictures of the incident, location, and injuries.
• Any other related documents.
• If there are other documents that you do not have or don’t have access to, please advise your lawyer.

Your lawyer will request that you stop any communications with the defendant and their representatives and refer any further discussions through your lawyer.

In Mexico, as in other jurisdictions, the process of obtaining a final settlement in any claim may take a considerable amount of time. On average, it may take between four to six months to negotiate a settlement depending on the amount of the claim. The more significant the amount, the longer it may take to obtain a settlement. During this process, your lawyer will determine whether or not the case can be settled out of court or if it will be necessary to litigate. If an agreement is arrived at, then the process ends with the payment of the settlement amount.

If litigation begins, it can take up to three years from start to finish before obtaining a final decision from the court. If you or the defendant appeal the verdict, it can take an additional two years for an outcome. From our experience, few cases are appealed unless the settlement in question is considerably large.

All documents that you provide in support of your lawsuit must be legalized and translated into Spanish. A certified translator must translate the documents, and the fees vary. MexLaw has an in-house accredited translator on staff at a reduced rate.

Finally, if your claim goes to court, you are required to provide a power of attorney appointing your legal counsel for the case. The average cost of having a power of attorney verified is approximately $150.00 USD and is payable to a notary public and the government authorities in your jurisdiction.

If you have been injured contact the MexLaw Personal Injury department to find out if you have a personal injury case. We dedicate our careers to representing people whose lives have been devastated by the carelessness of others. MexLaw has recovered more than 1 million USD in settlements for our clients.

The post The Legal Process of a Personal Injury Claim in Mexico appeared first on MEXLAW.

You have a claim for compensation and damages in Mexico if these points apply to your case:

• The accident was not your fault.
• There was negligence by another driver or a property owner which caused your injury. For instance, on the resort grounds, was there water on the floor that would cause a slip and fall? Was there improper maintenance or poorly lit areas which caused a guest to misstep?
• You were injured and required medical attention.
• You were unable to work, lost wages, or incurred medical and rehabilitation expenses.

Other personal injury practice areas include car, motorcycle and marine vehicle accidents, product liability, medical malpractice, premise liability (“slip and falls”), and wrongful death cases.

MexLaw’s mandate, initially, will be to negotiate and undertake the necessary measures in order to arrive at a settlement with the defendant regarding their liability for this incident. As is the case in any jurisdiction, it is advisable to achieve a mutually satisfactory settlement rather than litigate. But the goal is to obtain fair compensation for expenses and damages that the incident has caused you and your family. If the negotiation is successful, the process ends with the payment of the settlement amount. If not, then the case will go to court.  Litigation can take up to three years to obtain a final decision from the court.

Cost of legal service

A retainer will be requested to initiate legal services. The legal fees are based on a percent of the settlement and not collected until the case has been settled.

MexLaw advises anyone who has experienced an injury through no fault of their own to consult with an attorney and determine if you have the basis for a personal injury case. Contact@mexlaw.ca

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There are five things you should know about your policy protecting the most valuable asset of your life: your health.

1. Deductibles and Copays
   • In Mexico, most insurance providers have deductibles per event, not per year.
   • Many people are unaware of this, and you can end up paying several deductibles if you use your policy more than once during the year.
   • Does your policy have copays? A copay, also known as coinsurance, is another out of pocket expense that you may page when you use a hospital or doctor that is not within the network specified by your insurance policy.
2. Medical Network
   • If choosing your own doctor or hospital is an important to you, you need to understand if your policy allows that flexibility. Some policies only offer coverage within their network and going out-of-network can mean paying high out of pocket rates.
   • If your policy offers coverage abroad, like in the U.S., it is important to understand how the coverage is applied. Do you have to pay up front and wait to get reimbursed? Or can they directly pay the foreign healthcare provider? Paying a significant amount of money out-of-pocket only to have to wait to be reimbursed may not be a financial option available to you.
3. Claim Assistance
   • Even if you have lived in Mexico for a long time, you may not speak Spanish fluently. And let’s face it, insurance can be a confusing topic even in your native language. During an emergency, you want to be sure your insurance provider understands you. It is important to choose an insurance policy that not only has English-speaking agents but can also provide you with claims assistance in English.
   • A good insurance company knows that their clients may only speak English or may have to be treated in English-speaking countries. All their paperwork should be in English or at the very least they should provide you with a courtesy translation.
4. Sum Insured Amount
   • Sum insured is a very important aspect of any insurance policy that needs to be considered. This is the maximum amount the policy will pay in one year, and it is important you know how much your policy will provide. This is an especially important consideration for medical conditions such as cancer, HIV, heart disease, and other major illnesses or diseases requiring ongoing treatment.
5. Restrictions
6. If there are restrictions placed on your acceptance by the company, how does that affect the benefits you receive? The restriction may incur an extra deductible, a waiting period during which there is no coverage for the pre existing condition, or it may be a complete exclusion of the pre existing condition. Your coverage and any exclusions will be clearly outlined in the certificate of coverage.
7. If you already have a policy and are unsure about these five factors, take the time to review your policy before you need medical care. 

The post Five Important Factors to Consider When Purchasing Insurance in Mexico appeared first on MEXLAW.

When a loved one dies while living in another country, it makes an emotional situation even more stressful. Documenting your wishes can save your friends or family a great deal of stress and aggravation.

Death is not a subject we enjoy discussing, but in the circle of life it is inevitable, you may as well be prepared. Here are some points to consider:

• Registering with Canadians Abroad (ROCA) at www.travel.gc.ca/traveling/registration. 
• Always update the emergency contact name and number or next of kin in your passport application form.
• Review your life insurance, review who you have listed as your benefactor and does the policy include funeral arrangements.
• Identify your funeral arrangements. State whether you wish to be buried in Mexico or back home? If your preference is cremation, what should be done with the ashes?
• Detail your funeral wishes in your Will. It should be noted that some funeral homes in Mexico provide pre-payment plans.
• Appoint a trustee in Mexico to deal with your estate through a power of attorney. Make sure your POA is drawn up by an attorney and notarized in Mexico.
• If you have a POA in Canada, it must be legalized by the Embassy of Mexico in Canada and professionally translated into Spanish in order to be legal in Mexico.
• File all documents including original birth and marriage certificates, life insurance, financial records, and Will together and advise your POA of its location.
• If the legal documents are from Canada, again they need to be translated into Spanish and legalized in the Mexican Embassy or Consulate in Canada.
• In order to collect the body of the deceased, the Mexican authorities require the deceased identification documents as well as the person representing the deceased. Be sure your family member or representative has proper identification.
• If you own property, a business or bank accounts in Mexico, it is important to have a Mexican Will. The Mexican government may decide how to deal with your estate if you do not have a Will. Your estate may not automatically be left to your spouse, especially if other family members claim your estate.  The Will is of particular importance if this is not your first marriage, for same sex marriage or you are in a common law relationship because the government may not consider them to be your legal next of kin.
• When opening a Mexican bank account, you will be asked to designate a benefactor, if your benefactor changes over the years be sure to update your information with the bank.

The funeral home in Mexico will provide the death certificate, but there is a fee for any extra copies. If the deceased will be returned to Canada, you will need to have the death certificate legalized and translated in Mexico before hand, always obtain extra copies of the death certificate. You will be required to deal with the funeral home in Mexico and Canada in order to return the deceased to Canada. The repatriation of the deceased will be arranged by a funeral director. It will also be necessary to engage the services of a Canadian funeral director to receive the deceased in Canada. These costs will vary depending on the airline, dates, weight and whether the remains are cremated or not.

For more information about power of attorney, estate planning and Mexican Wills send us an email contact@mexlaw.ca

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