If a buyer can't attend closing: power of attorney, apostille and translation
A buyer or co-buyer who can't be at the signing gives a power of attorney (poder) to someone who will sign for them in Mexico. The power is signed before a notary public in the US or Canada. It's then apostilled under the Hague Apostille Convention so it is valid in Mexico. If the notario requires it, a court-authorized translator (perito traductor) then translates it into Spanish.
Why it matters
A Mexican notario accepts a foreign power only if its origin is authenticated. Mexico, the US and Canada are all parties to the Apostille Convention, so one apostille replaces consular legalization. Documents in English generally need an official Spanish translation for the deed's appendix. Canada has issued apostilles only since the Convention took effect there on January 11, 2024. Before that it used consular authentication.
Who helps
The power is signed before a notary public in the US or Canada, in person or through a remote online notarization service. The apostille comes from the Secretary of State where it was notarized (the US Department of State apostilles only federal documents) or, in Canada, Global Affairs Canada or your provincial authority; in Mexico, a court-authorized translator (perito traductor) and the closing notario finish it.
Documents
- The power text. Ask the Mexican notario to draft it, ideally bilingual, naming the specific property, the trust and the acts allowed (signing the trust deed, paying taxes, receiving documents).
- The signer's passport.
- The notarized original.
- The apostille certificate, attached to the original.
- The certified translation, if the notario requires it.
- Send the original paper document to Mexico by courier. A scan is usually not enough.
Costs Estimate
- US state apostille fees, examples (): Washington US$15 per document (7–10 business days; expedited +US$100). California US$20 per apostille (+US$6 handling in person).
- US process overview: USAGov – authenticate a document; U.S. State Dept – apostille requirements.
- Canada: Global Affairs Canada – requirements (which authority handles which province). Canada joins the Apostille Convention (Dec 2023 notice).
- Translation (perito traductor): no published fee; ask the notario for a quote.
Estimates only. Get written quotes.
Common mistakes
- The apostille must come from the state or province where the notario is commissioned. With a remote notario, that may not be your home state.
- Using a generic US power-of-attorney form. Mexican notarios want specific wording, so let them draft it.
- Names that don't exactly match the passport.
- Sending only a scan.
- Leaving it too late: the SRE permit lasts 180 days, and closing dates slip.
- Before you pay for a remote service, confirm with the Mexican notario that it accepts remotely notarized documents.
- The trustee bank must also approve the power. Build in a few extra days after the apostille arrives.
- At closing the notario formalizes the foreign power in the deed itself (protocolización del poder otorgado en el extranjero), with its apostille and translation attached. Bring the original.
Say it in Spanish
- No podré asistir a la firma. ¿Puede preparar un poder para que lo firme en el extranjero?
I can't attend the closing. Can you prepare a power of attorney for me to sign abroad? - ¿Necesita apostilla y traducción por perito?
Does it need an apostille and a translation by a perito? - ¿Acepta un documento notarizado en línea?
Do you accept a document notarized online?
Terms
Sources
- WA Secretary of State (checked 2026-10)
- CA Secretary of State (checked 2026-10)
- TX Secretary of State (checked 2026-10)
- State Authentication Authorities (2017) (checked 2026-10)
- USAGov – authenticate a document (checked 2026-10)
- U.S. State Dept – apostille requirements (checked 2026-10)
- Global Affairs Canada – requirements (checked 2026-10)
- Canada joins the Apostille Convention (Dec 2023 notice)
- British Columbia – Apostille (checked 2026-10)
Confirm the details for your case with your notario or attorney.
Common questions
Do I need to be in Mexico to sign?
Not always. You can sign through a power of attorney, with apostille and translation as needed.