The Papers to Sign While the Mind Is Clear
Their friend Harriet fell last spring, and for three weeks her husband could not get into her bank account.
Picture a couple named Cyril, 68, and Doreen, 67. They are Americans who plan to spend most of the year in Spain. Their friend Harriet fell last spring, and for three weeks her husband could not get into her bank account.
"We should have papers," Doreen said.
"We have a will," Cyril said.
"That speaks after we die," Doreen said. "Harriet was alive."
They went to see a lawyer who works with Americans abroad, and wrote down the kinds of papers they heard about.
| Kind of paper | What it does |
|---|---|
| Financial power of attorney | Lets a person you name handle money if you cannot |
| Health care proxy or directive | Names who speaks to doctors, and what you would want |
| Local version of each | The same idea, written the way the country you live in requires |
A few facts the lawyer shared are worth knowing. These come from public sources, and a lawyer in your own country could confirm them for you.
In the United States, a power of attorney and a health care proxy are signed while the person still has the ability to decide. That is the point of doing it early.
In Spain, a law in force since 2021 lets a person name someone ahead of time to support them, and the papers go through a notary. In Portugal, a living will and a health care proxy are signed before an official of the national register or a notary, and one source says foreigners may sign with a Portuguese translation. In Colombia, a law from 2019 sets up support agreements, signed before a notary or at a conciliation center. In Mexico, one source says an ordinary power of attorney may end when a person loses the ability to decide, so a notary there could explain which form lasts.
Whether a United States paper is accepted in these countries depends on each country. An apostille, which is a stamp used between countries, vouches for a signature and a seal. It does not promise that the paper will have legal effect where it goes. So the lawyer suggested a local notary look at each paper.
Cyril and Doreen made a list of three steps and booked the first visit for the following Tuesday.
You could…
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Make a list of the papers you have, and the country where each was signed.
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Ask a local notary which papers they would want to see, and in what language.
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Keep copies in two places and tell one trusted person where.
What have you signed already? Share it here. Someone reading may start with your first step.
Figures are estimates for planning, based on public data. This is general information. A lawyer or notary in your country could confirm it for your case.
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