This month I had the honor of participating in an on-going Zoom conversation about A Thoughtful Death with the Unitarian Universalist Fellowship of San Miguel de Allende, Mexico.
Care team member Lydia Jane Failing was the lively and engaged producer and host. Many thanks to her and team members Wilka Roig (co-host), Francoise Yohalem, Joan Wolf, and Rev Tom Rosiello.
Articulate and engaging producer/host Lydia Jane Failing of UUF SMA
They are dedicated to discussing why and how it may be wise for non-Mexican residents (full or part-time) to prepare for their demise legally, psychologically, and spiritually in Mexico.
I adore informal chats but for whatever reason when it was announced the conversation would be recorded just as we began, my energy froze and I omitted helpful information. I sounded like a newbie instead of someone comfortable and experienced. Yikes!!!
Some clarifications for the listeners:
Palliative Care
Freedom from pain is a humanitarian right. Few countries are able to provide it in part or fully. When it exists, it is provided by a trained and empathetic team of doctors, nurses, psychologists, social workers, chaplains, nutritionists and volunteers creating palliar (Latin) – comfort, support, and protection. This support extends to patient’s families and other loved ones.
Mexico has had a palliative care law since 2009 (modified in 2014). It states everyone is entitled to relief from pain, especially in the last six months of life. Few places in Mexico are able to provide or sustain such an important and needed service. Few people know the law exists, let alone where to go and how to access needed services.
Juntos Contra el Dolor, A. C. in Guadalajara is the first and only 24/7 palliative care hospital in the state of Jalisco. Its founder is nun physician Dra Susana Lua Nava, a palliative care thought leader. Every person, physicians included, is a volunteer except for two civilian palliative care nurses (day and night shift), and the cleaning lady. My social service for Juntos coordinating patient care, “companioning”at the bedside, community outreach, and raising funds has been and continues to be as a volunteer. All donations go directly to http://www.JuntosContraelDolor.com .
Lydia Jane asked: How do you bring a level of spiritual acceptance to the people you encounter when their transition is imminent?
I do my best to live by one motto: “The secret of the care of the patient is caring for the patient” – Dr. Francis W. Peabody at the Harvard Medical School, 1925.
When I am invited in, I recognize that someone is willing to share exceptionally sacred, tender, even mystical moments. It is an honor to companion.
Human engagement is about feelings. Each experience is different, intangible.
I do my best to bring authentic presence and friendship.
I say a prayer or meditate before I enter that I will bring my best in honor of this sentient being.
After introducing myself, I ask permission. Would you like me to accompany you?
If accepted, so far no one has said no, I learn what environment this person wishes for and imagines.
Windows and curtains open? Flowers or no flowers? Candles or no candles? Perhaps anointment with frankincense? Music or quiet? More pillows, a change of dressing gown? Bathing each day? Linen changes each day? Photos nearby?. Practical considerations. Then, sit quietly with full attention to needs of water, nourishment, and more.
“Companioning” seems to involve spontaneous creativity, trusting intuition about the care of the soul before you.
For those who are anxious, I guide breathing exercises which seem to help.
Each person teaches me, not the other way around. There are no rules. I feel any of us may be present by sitting quietly, hand holding (if wished for), and being open to whatever arrives. The journey is always theirs, not ours.
In my experience, most folks have answers inside as long as the person at the bedside is there as support.We are listening posts, and on occasion guides. I listen until something appears, perhaps a clue or a cue. Invariably feelings are expressed. The process is usually slow.
In my experience people who are fading surprise themselves intoacceptance, but not all. Some folks see someone waiting for them. Most folks seem to wish a witness alongside, someone honoring their existence in order to lapse into peace. Others may prefer to make their transition alone and will do so when everyone has left the room.
Invariably, the process follows divine timing.
Note: my service as a companion to the ill and their families in Mexico is as a volunteer.
No burials of bodies on your property in California. Ashes of loved ones have been known, however, to be buried not just at sea but under trees, rose bushes, and more.
More thank yous:
My appreciation for our conversation extends to talented designer and technology wiz Diana Amaya for making certain we were appropriately situated. Thanks also to Wilka Roig psychologist, death doula, Director of Elizabeth Kubler Ross Foundation SMA, and first speaker.
Dr. Pepe Valencia, San Miguel de Allende, Mexico
On June 10 San Miguel de Allende gerontologist and thanatologist Dr. Pepe Valencia talked candidly about how he has overcome government and church challenges as they relate to serving patients in pain at end-of-life in Mexico. He has been serving older adult residents, expats in particular, for over 40 years. Here is the link to his talk:
On June 17 Carlos F Chancellor, Jungian-Archetypal Psychotherapist, Somatic Movement Educator, Integration Therapist, Dream Worker, Mythologist and Storyteller joined the program. His sensitive and healing talk can be listened to at: https://www.youtube.com/watch?v=0iFcrgQadZc&t=107s
On June 20, Felicitas Rusch-Lango, a life coach and yoga instructor offered breathing exercises to calm anxiety, poetry, Buddhist wisdom, and more. https://www.youtube.com/watch?v=l7yTnvhQyes
Wilka Roig is continuing the A Thoughtful Death dialogues through the Elizabeth Kubler-Ross Foundation Central Mexico. Please write info@ekrmexico.org or Wilka at info@wilkaroig.com for more information on how to participate. The June 30 talk was by a member of the Green Burial Council in the U.S.
May this find you, your loved ones and all beings well and healthy.
Deep bows
Wellness Shepherd Wendy
Wendy Jane Carrel, MA, is a Spanish-speaking senior care specialist and consultant from California. She has travelled Mexico for several years researching and building relationships with health systems, senior care, and end-of-life care in order to connect Americans, Canadians, and Europeans with options for loved ones. She has investigated hundreds of senior housing choices in 16 Mexican states. Her web site is http://www.WellnessShepherd.com.
While conducting research on health care and end-of-life options for older adults in Mexico, and volunteering at a Guadalajara palliative care hospital and “hospice” (not a term often used in Mexico, and not a term used by the hospital), I have witnessed both expected and unexpected deaths of Americans, Canadians, other foreigners, and Mexicans. In the case of Mexicans, the procedure following death is almost seamless, with rare exception.
Chapala Municipal Cemetery, Lake Chapala, Mexico
The question is, how will you prepare for such a situation if you are not Mexican?
Here is some of what I’ve learned in expat havens from Alamos to Ajijic, Mazatlan to Merida, and Tijuana to Oaxaca:
If you wish to save your family, other loved ones, and your neighbors considerable grief and time, it is important to understand what is involved when a foreigner dies in Mexico, and, to have a plan in place.
This goes for 18-year olds, 40-year olds, and especially for all persons over age 60.
Even though the subject is one many of us prefer to avoid, family and friends back home, as well as your local neighbors, will be grateful if you plan ahead. Planning ahead might even give you peace of mind!
WHAT TO BE AWARE OF
The system of law is different. If you are from Canada, England, or the U.S., you are accustomed to common law, not civil law based on Napoleonic code. The rules governing disposition of human remains in Mexico are not the same as at home. The time and bureaucratic requirements required to negotiate the Mexican system, post-death, can be daunting.
Mexico is a country with predominantly Catholic traditions. These traditions influence choices. If you are Catholic, the system may seem familiar, such as burial over cremation. If you had chosen to live in Buddhist or Hindu Asia, cremation would be a relatively easy matter involving fewer steps as cremation is common practice. Or, you could have opted for a Tibetan sky burial.
The Mexican culture, language, and way of thinking are unique. Most of all, procedures may be unfamiliar and complex.
PREPARING AHEAD FOR YOUR DEMISE & DISPOSITION OF REMAINS IN MEXICO
Legal Documents
The one key Mexican legal document you need to acquire for best outcomes is a “declaración jurada ” (more or less the equivalent of a living will) stating your dying wishes for comfort, how you wish to die, how you wish your body handled, your burial, cremation, and other desires. This document must be created before your demise. The declaración jurada will almost always insure your plan is followed. It is prepared by notaries (notarios), attorneys who are notarios, or attorneys who create the document and send you to a notario. The document is apostilled with the notario according to the Hague Convention which establishes a legal framework to resolve cross-border legal issues in family law and civil matters.
Current costs are approximately 2050 MX pesos for the apostille, 755 MX pesos for the legalization, 20 to 100 pesos per page for translation (many offices that assist foreigners write the documents in Spanish on one side, English on the other), about 30 pesos per page for official government certification, and between 1000 and 5000 Mexican pesos for the Poder Notorial (Power of Attorney) fee. Amounts may vary office to office. Refer to your local attorney or notary for exact amounts and details. Amounts may increase each year.
Note: Powers of Attorney (equally important for pre-death and health care complications), and wills regarding your property (usually a Testamento Publico Abierto) and fidelcomisos (for those owning property near the coastline or a border) are separate documents. Please consult with attorneys and notaries for specific advice. Once a year, older adults can receive a 50% discount in the month of September for wills relating to property (home, car, jewelry, and other assets).
Most notaries create and offer you two or three apostilled original copies of your declaración jurada. One copy stays with the notario. Carefully file your copies and if possible, create one photocopy for your glove compartment if you drive, place another in a binder or file at home, and scan and send a copy for cloud storage.
Note: Some funeral homes offer notarized Letters of Intention for cremation or burial. This, in addition to your declaración jurada, is a somewhat reliable back-up. These funeral homes will give you a card to carry on your person at all times; the card contains your name and other details plus their contact information. Not all funeral homes offer this service.
Your Advance Health Care Directive or Five Wishes from home is not valid in Mexico even if notarized, apostilled and translated into Spanish unless you get lucky.
You are best off incorporating preferences from your Advance Health Care Directive or Five Wishes (https://fivewishes.org/) into your Mexican legal document or declaración jurada. Several expats in Jalisco have chosen to do this with their attorney/notarios or attorneys and notarios.
As mentioned, many living wills/declaración juradas for foreigners, unless you live in a rural area, are written in Spanish on one half of the page, and English on the other. This is the most important document you can obtain relating to your end-of-life wishes.
Note: there is no guarantee your healthcare requests will be honored by doctors, hospitals, and ambulance services, just as in your home country. Your cremation request will be honored if it is in writing and your papers are presented.
Another helpful legal document exists if you are diagnosed with a terminal illness, the “voluntad anticipada” or “directriz”.
As of this writing, if you live in one of the Mexican states that have the Ley de VoluntadAnticipada (Advance Healthcare Directive law) you may refuse life-sustaining medical treatment. This document is created by a notario or your healthcare institution.
You may also incorporate your wish to refuse life-sustaining medical treatment in your living will/declaración jurada.
The states which have created and implemented the law of Voluntad Anticipada are Aguascalientes, Chihuahua, Coahuila, Colima, Guanajuato, Guerrero, Hidalgo, Jalisco, Michoacan, Nayarit, Mexico City, Mexico state, San Luis Potosi, Tlaxcala, Yucatan, and Zacatecas.
Burial in Mexico
Burial in Mexico could be easier than shipping a casket home and less expensive, with one exception. Many cemeteries offer plots for purchase for a set period of time (usually six years) with the understanding that remains will be removed and buried elsewhere at the end of that period. Arrangements must be made in advance for relocation of remains or they may be removed to a communal grave.
There is now the option of green burial in the state of Guanajuato through the Elizabeth Kubler-Ross Foundation in San Miguel de Allende. At the time of this writing there is no other known green burial option in Mexico.
There are “natural” burials (linen shrouds, light wood caskets) in Jewish cemeteries at Lake Chapala, and in Mexico City, and Puerto Vallarta.
Note: There is less room at cemeteries in heavily populated areas. According to some city Pantheon (cemetery) directors, families with plots are burying loved ones 10 persons deep.
The population from Chapala to Jocotopec (north Lake Chapala) just south of Guadalajara, for example, is around 100,000, including 20,000 full-time ex-pats (numbers not exact). There are approximately 100+ deaths per year among the ex-pat community according to Chapala’s Registro Civil, Civil Registry office.
Ajijic Cemetery along Lake Chapala serves a population of 10,000-12,000. It is full unless a family sells you a plot there.
Ajijic Cemetery, Lake Chapala, Mexico
Cremation in Mexico
When death occurs in Mexico, local practices will govern how quickly a cremation can take place. In the state of Jalisco burial or cremation must be within 48 hours, or the body must be embalmed. There is one exception – a body can lie up to 30 days in refrigeration (if refrigeration is available and with permission) awaiting family members from out of country to view the remains. Then cremation or interment will take place. Cost for cremation in Jalisco, for example, is approximately 10,000 -15,000 Mexican pesos; costs for embalming, around 5,000 Mexican pesos. The prices escalate every year.
In Mexico your legal next-of-kin may request cremation or interment if you do not have a notarized living will with end-of-life wishes. It is unwise, however, to depend on good luck or miracles in this situation – again, best to have a Mexican living will, your declaración jurada.
Some churches in Mexico offer space for cremated remains in an urn or box in a mini-mausoleum setting. Here again, you are usually paying for a specified number of years.
Note: According to a U.S. Consulate web site, “if the deceased is to be transported between states in Mexico for cremation, the body must be embalmed. If the body is to be transported over 100 km a special transit permit is also required.”
Crematories
By law, a body is to be identified ahead of time. In Guadalajara, for example, no toe tags are used. Photos are taken of faces before the procedure. The name of the person is also written on a ticket. That ticket, serving as I.D., is inserted into a slot space outside the crematory machine.
Crematory Center, Guadalajara Municipal Cemetery, Mezquitan Country
Shipment of Remains Outside of Mexico
If you are American and wish your ashes or remains sent home, there is another step for a loved one or trusted advocate to complete after all Mexican death-related documents are obtained. (If you are Canadian, see the links in the Resources section below. Canadian procedures are not the same as American procedures). If your body has been cremated, a cremation certificate from the funeral home, an affidavit from the funeral director, and an original copy of the death certificate must be delivered to the nearest Embassy or Consulate. (See U.S. Government 7 FAM 258 DOCUMENTS TO ACCOMPANY REMAINS). If you die in a small city or rural area and cremation is your preference, understand the expense, effort, and permissions needed to fulfill this requirement.
According to the U.S. government, a consular officer will prepare a consular mortuary certificate to ensure “orderly shipment of remains and facilitate U.S. Customs clearance.” The certificate will be delivered to you in English and it will contain the essential information including cause of death.
As for shipment of remains in a casket, a U.S. consular officer will work to ensure that the Mexican funeral director and American funeral director are in communication to guarantee preparation of remains complies with local, U.S. Department of State, and federal requirements. All corpses going to the U.S. must be embalmed. The shipping time is approximately seven days.
Also note: DHL, Federal Express, and embassy diplomatic pouches cannot be used to ship cremated remains out of the country. There is no customs fee to ship remains to the U.S. Note: Shipment of embalmed remains in a casket outside of Mexico involves not only high cost, but red tape. Consider buying repatriation of remains insurance.
Other Details to Consider for Smoother Disposition of Remains in Mexico:
Someone to Act on Your Behalf
Are you living alone? If so, do you have at least three friends or neighbors who will follow through with your wishes and instructions if you die in Mexico? Note: Do not depend on legal next-of-kin (spouse) or significant other to represent you. What if you both die in a car accident or other tragedy? It is best to delegate additional persons or a trusted attorney to take charge.
A Physician
Do you have a working relationship with a medical doctor who can be called immediately by the designated person or persons to declare cause of death and write the death certificate so an autopsy can be avoided? If you live in Jalisco do not call 911,an ambulance (Cruz Roja or Cruz Verde), the fire department (bomberos), or the police. Call the doctor, obtain the death certificate (Certificado de Defunción – delivered with three copies), then call the funeral home. The copies of the certificate are then delivered to the local Civil Registry (Registro Civil), the Ministry of Public Health, and INEGI (the National Statistics Office).
In places with several expatriates, funeral homes sometimes have doctors who can appear if your doctor is on vacation, but most doctors prefer a relationship with you before they will appear and sign a death certificate. Note: If foul play is suspected, an autopsy will be required and the police and fiscalia (the district attorney’s forensics department) will be involved.
Funeral company
Have you selected a funeral service or transporter to collect your body and handle your remains? Using a funeral service is necessary in most of Mexico, unless you are in a remote, rural village where you may be buried in a local cemetery.
Guadalajara Municipal Cemetery, Mezquitlan Country
Organ donation
Do you want your organs donated? Then your wishes must be written in your living will/declaración jurada or indicated on your Mexican driver’s license. Organ donations are handled by CETOT, the State Council of Organ Transplants.
Do you wish to donate your corpse for scientific study? If you die in Mexico City, your body may be welcome at UNAM’s Programa de Donacion de Cuerpo. Note: Many universities now use the TAQ Sistemas Medicos with synthetic human body parts for surgical instruction. The system comes complete with imaging equipment, computer interface, and surgical equipment.
Where to Place Remains. Do you wish your remains to stay in country or shipped home?
Chapala Municipal Cemetery, Lake Chapala, Mexico
Someone to Act on Your Behalf, Part 2
Again, designate at least three people to oversee your affairs in Mexico in the immediate aftermath of your death. This is recommended based on witnessing situations in Ecuador and Mexico over a period of 15 years and accompanying distressed family members. Your ex-pat friends may travel quite a bit or may not be present at the time. Always plan for back-up.
Do your designees know which funeral service or transporter will collect your body? Do they know where your legal documents (passport, INM immigration green card, living will/declaración jurada – specific for cremation or burial, contact info) are and how to pay the funeral home if not pre-paid? Do they know where to locate your bankcard, cash, and/or documents 24/7? Do they have a set of your keys? Plan on leaving about 20,000 – 30,000 Mexican pesos or more for the certifying doctor, transportation, the funeral company, Civil Registry fees, and cremation so your friends are not left to raise funds.
Copies of Documents.
Your survivors will need several copies of critical documents – passport, residence card, living will/declaración jurada , death certificate, mortuary certificate, affidavit of Mexican funeral director, transit permit, et altri. The person(s) in charge must be told not to offer an original document to transit people, most bureaucrats, etc. – in most instances these entities receive copies. Place your documents in an easy to locate binder, scan them, and send them to cloud storage for retrieval. (You will have organized your passwords ahead of time and given them to your trusted designees).
Death Certificate (Acta de Defunción)
Who will obtain the Mexican government declaration of death with the appropriate stamps from the Civil Registry and the Ministry of Public Health? This is not only a death certificate but an authorization for burial or cremation. Some Mexican funeral homes have experience assisting with these matters, others not. Will your designees need to do it? Best to find out how to obtain the certificate in the state or province where you live so you can leave instructions. (See Resources section with links to information about death certificates in Mexico).
Register Death with Your Country’s Embassy or Consulate
Who will obtain the proper documents from the U.S. Embassy or Consulate, the Canadian Embassy or Consulate, or other foreign government representative in Mexico not only to register the death, but for remains transported home? Some funeral homes are accustomed to offering this service, others not. The embassy or consulate will prepare a Report of Death from the death certificate. Your family member or representative will use this document along with the Mexican documents if or when remains are transported out of Mexico. At the U.S. Consulate you are entitled to 10 to 20 original copies in English.
Spanish language skills are imperative
Depending on Spanish-speaking friends or Mexican friends during this process requires a Plan B. What if they are not available when needed? Have more than one person at the ready who can negotiate procedures in Spanish. There are a number of facilitators, translators, and attorneys who speak English or other languages, best to keep their information handy for your back-up group.
What happens if you die in Mexico, have no spouse, no next-of-kin, no legal documents stating your wishes, and no legal representatives?
Your body will probably be transported to a morgue, usually a SEMEFO (Servicio Médico Forense – Medical Forensic Service) building with refrigeration. Not all SEMEFO buildings have refrigeration or space, even if they have refrigeration. See video links at end of article with tours of SEMEFO in Guadalajara, Mexico City, Sinaloa and the Yucatan.
Your country’s representatives will be called. Each country has different procedures for handling such situations. Your body will probably be autopsied. Often, if no one claims your body, your remains will be placed in a communal grave in Mexico. Each state of Mexico and each rural area has different traditions and procedures.
Few people know where they will die or when. If you spend time in Mexico, or any Latin American country with deeply Catholic traditions, where family ties and support reign (i.e. you will be rescued and your loved ones will know what to do), as well as strict codes and preferences that may not be yours, please choose to prepare yourself.
Preparation hint: register your whereabouts and family contact information with your embassy or consulate The U.S. government, for example, has an excellent system for Americans at https://step.state.gov/. It is the Smart Traveler Enrollment Program and advises you of security risks in the place where you are living and assists with connecting family and others to you in case of emergency. Other places to register your emergency information are located in expat communities around the country. The registries are usually announced in local directories, magazines, English-language newspapers, or found by word-of-mouth. Some non-profit expat organizations provide registries as do churches and synagogues with English-speaking congregations.
End-of-Life Planning is critical for expats.
Create peace of mind for yourself, your loved ones, and your neighbors.
Note: Preparing medical directives for healthcare emergencies, and preparing wills, are subjects worthy of their own long articles and are not included above.
Note two: Physicians, funeral directors, cemetery directors, city and province officials (including a district attorney forensics office), one attorney, one notary, and a consulate were consulted with or interviewed in Mexico for this article.
Note three: If you are alone with no spouse, no children, and no one to rescue you, it is suggested you carry a copy of the funeral home card with contact information on you, plus a copy of key contacts including the notary public. When traveling, also carry a copy of your declaración jurada. If you have a car, it is recommended you keep a copy of your declaración jurada in the glove compartment.
Wendy Jane Carrel, MA, is a trusted older adult advocate and consultant who has hands-on experience with healthcare systems, senior care residences, and end-of-life care in Mexico, Ecuador, and other nations. She provides informed, thoughtful guidance and curated, compatible care options for families and their loved ones. She is a speaker and published author on subjects related to senior well-being. Wendy’s web site is http://www.WellnessShepherd.com.
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https://wdef.com/2018/09/19/morgue-director-fired-over-stench-of-157-corpses-in-truck/ September 2018 article reporting on two tractor trailers filled with unidentified corpses as there is not enough refrigerated space at the morgue in Guadalajara. A report by the English-language Guadalajara Reporter stated that corpses of two unrelated Americans, who died of natural causes, were stored in the tractor trailers, an indication that some stored corpses were identified first, not that it makes being stored in a tractor trailer palpable.
https://www.youtube.com/watch?v=kWNr53cWfxk Sinaloa SEMEFO, a report in Spanish about abandoned corpses and no refrigeration 2016, “muerte indigna.” Apparently a new building has been constructed since with refrigeration. Note: in places of extreme humidity and heat with no refrigeration, imagine the stench.
https://www.youtube.com/watch?v=5fNXN6XycPA According to the video, “drug dealer” tombs in Sinaloa represent the opposite kind of ending from an abandoned body left at the morgue. The Jardines de Humaya cemetery in Culiacán, Sinaloa, is known for its extravagant mausoleums, not all that dissimilar from the concept of the Mamluk tombs in Cairo Egypt’s City of the Dead (circa 642 AD). The video shows the tomb of Ignacio Coronel that apparently cost millions of pesos or dollars.
https://www.youtube.com/watch?v=B-mHof2axB4 According to this 2017 documentary video from Mexico City, if after three weeks no one identifies a body, it will usually end up in a communal grave. In another report, some bodies may go to a medical school for study.
https://tomzap.com/dying.html Dying in Puerto Escondido, Oaxaca, a 2013 report. At that time it was estimated one needed about 12,000 pesos to pay for cremation, now transportation and cremation will come to around 20,000 pesos, depending on the funeral home.
Wellness Shepherd 
