Below we give examples and/or brief explanations (non-exhaustive) of how we might use the authority
granted under the various sections in the POA. This is not a summary of the POA and does not expand,
restrict, or otherwise modify the POA. With respect to any interpretation of the POA, the language of the
POA, and the Services Agreement will control.
The POA is used in connection with the services in your Plan. Your agent is typically a senior member of
our financial planning team.
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Prepare and Execute Private Entity Documentation
Many entities we interact with for your Plan (i.e., hospitals, doctors, etc.) are private entities (not
owned or controlled by the government) in the U.S. This allows us to interact and perform our duties
with them on your behalf.
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Prepare and Execute Government Agency Documentation
Some entities we interact with are government-related (i.e., hospitals, vital statistics, etc.) This
allows us to assist you with government documents such as birth certificates, social security cards,
passports, visas, forms, and other documents a hospital may file with the government. Additionally, some
hospitals file incorrect information with the government after birth, which we may need to correct or
update.
We use this as part of any medical-related planning, insurance, claims, and billing services. As the
children are minors (under 18 years old) sometimes the hospital/provider states that the records
“belong” to the parents, which is why the POA refers to health records of both you and your U.S.-born
children.
This authority allows us to handle insurance-related duties for your family.
At certain times we may need to hire an outside professional to:
a) Review a charge or the medical need for a service
b) Answer a complex question such as a medical diagnosis
c) Handle a new situation at your request
d) Perform other services in your plan
All costs are included in the Plan fee you paid unless it is something outside the services contracted
for in your Plan. If it is outside, you will know ahead of time and sign a paper authorizing us to
perform those additional tasks (otherwise it is included and there is no additional cost to you.)
We use this authority to pay items, such as bills, on your behalf.
Depending on the Plan, and any associated deductibles, copays, etc., we may need to set up payment plans
if needed or requested.
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Bank and Credit Union Transactions
We can use this to bill escrow accounts for amounts owed (such as deductibles), open a U.S. bank
account for a child, etc.
When babies are born in the U.S., they are usually registered with the Social Security office and obtain
a Social Security number, which is a government identifier. This number is used for a variety of things
and is different from a “resident ID” many parents are familiar with in Europe (where you have an ID
number in the country you live in). It is recommended to get a Social Security number for your baby
while still at the U.S. hospital. It is much more difficult and time consuming to get it later when you
are outside the U.S. A social security number (or other tax ID) is required to complete annual filings
for your U.S. citizen child which may be required. Many parents have us handle tax filings and
compliance-related issues for their children in subsequent years.
This is typically used to fix mistakes by hospitals, providers or others to protect your money, rights
or other property. Using this authority, we may in some cases threaten legal action in an attempt to
settle a dispute. In such cases we cover the litigation at our own cost (unless otherwise agreed with
you).
This is used in case of incapacitation/unavailability (such as death, medical issue, etc.) of the Agent
so our team can continue helping you if, for some reason, they personally cannot.
We need this to handle items needed for your Plan or that you may request of us that may not be
explicitly covered in another section.
This section of the POA makes it clear that you can revoke the POA (and our authority to act for you
under the POA). whenever you like. You can do this by sending an email to us at service@surroplans.com.
When you give notice to us that you would like to terminate the POA, our authority to act in your
interest to perform further Plan services terminates, and our power terminates when we have finished
collecting expense reimbursements, rights to benefits, entitlements, credits and discounts, if any
(called “Sourced Funds” in the Services Agreement).
The Power of Attorney is effective when you have signed it and the Agent has accepted it. Unless you
choose to terminate it earlier, the parts of the POA related to handling records and insurance matters
terminates in five years and the remaining provisions terminate in 18 years.
Hospital and government processes can be very slow, especially when there are matters that need to be
challenged. A medical related plan covers a specific number of days of medical costs after birth, but we
may need to continue to work for many months beyond that. Additionally, the filings for U.S. citizen
children living abroad can be handled for the requisite 18 years.
The Power of Attorney is governed by Wyoming law, the jurisdiction where SurroPlans is incorporated.
Some clients have asked why the POA is not governed by the law where the hospital is located.
SurroPlans assists intended parents who are engaging surrogates in many states in the U.S. For
efficiency, SurroPlans does not attempt to draft a separate form of POA for every state in the United
States. And this level of customization is not necessary given that U.S. states recognize and enforce
powers of attorney that are signed and notarized in other states and are governed by those states’
laws. For example, see Utah Code Section 75A-2-106(3), which specifically provides that Utah recognizes
powers of attorney properly executed and notarized in other states.
Occasionally, the Agent may find it necessary or helpful to sign documents on your behalf
electronically.
