Update to the Adult Support Regime in Mexico City

On November 29, 2024, the decree amending various legal provisions for their harmonization with the National Code of Civil and Family Procedures was published in the Official Gazette of Mexico City.

Main Amendments to the Civil Code

The reform introduces substantial changes to the title relating to persons and legal personality of the Civil Code of Mexico City. It establishes that persons may request support for decision-making, without being required to carry out a legal act with support.

Advance Designation of Supports

It is anticipated that supports may be designated in advance by means of a notarial instrument, allowing a person to establish guidelines for the exercise of their legal capacity in the future. Persons designated as supports may accept or reject the designation and may also resign from their position.

Support Mechanisms and Their Designation

Furthermore, various support measures are provided for the exercise of legal capacity, e.g. Support for mobility, understanding of legal acts and their consequences, communication support, etc. These measures are expected to include safeguards to prevent abuse, conflicts of interest, and undue influence. When support measures are used for the execution of a legal act, they must be granted in a public deed or power of attorney before two witnesses, with the signatures of the grantor and witnesses ratified before a notary, when the interest in the transaction in question exceeds one thousand times the current Unit of Account of Mexico City.

Obligations of Persons Designated as Support

The obligations of people designated as support include, among others, complying with due diligence in all details of the act or transaction in question, keeping a record of the actions in which they are involved, accurately reflecting the nature of the support, and notifying the affected person of any conflict of interest. Individuals retain the right to revoke or modify the designated support at all times.

Nullity of Acts Performed with Support

Legal acts performed with support will be considered null and void when it is proven that the person designated as support used violence, undue influence, acted in bad faith, or fraudulently induced fear or deception in the person receiving support to carry out the act.

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