Receiving news that you need major surgery is never easy. Preparing for work absences, planning for childcare and household responsibilities, and understanding the procedure itself and your recovery timeline may be among the things you are worried about. If you have only a short time (weeks or days) to react, focusing on the essentials is key. Reviewing your estate plan is among those crucial to-do items. Make the best use of your time by considering the following urgent steps.
Who to Call and What to Update
Your Estate Planning Attorney
After notifying loved ones of your impending surgery, your first call to a professional should be to your estate planning attorney. Time is of the essence, and your attorney can quickly triage the documents that provide the most immediate protection for you and your family.
- Review existing documents. Ensure that your estate planning documents, such as a will, trust, and powers of attorney, are up to date and accurately reflect your current assets and wishes. Life changes such as marriage, divorce, the addition of new children or grandchildren, or a new home can quickly make old documents irrelevant.
- Update personal representatives and heirs. Confirm that the executor or personal representative named in your will and the trustee named in your trust are still the people you want managing your affairs. Separately, review beneficiary designations on life insurance, retirement plans, and investment accounts, because those designations typically control the transfer (meaning the beneficiary designation can override what your will or trust says).
- Create (or update) a will or trust. Although it may be difficult to set up a trust or complex will in a limited amount of time, your attorney may be able to quickly update the provisions of an existing trust or will. If you have no will or trust, an attorney can usually prepare a straightforward will on an expedited basis to cover your most significant probate assets (accounts and property without a named beneficiary). One advantage of using a trust is the avoidance of probate (the court process of validating a will and distributing assets); even though a will cannot avoid probate, it does allow you to name the person who will be responsible for administering your estate, specify who your beneficiaries will be and how they will inherit, and, if applicable, allow you to nominate a guardian for minor children.
Your Healthcare Power of Attorney
You should also contact your healthcare agent (the person named in your healthcare power of attorney or advance directive) to notify them of your surgery and the timing.
- Review wishes. Take a few minutes to review your wishes with them, especially any updates on end-of-life care, pain management, and specific interventions (e.g., resuscitation, ventilation, feeding tubes, or transfusions), so they can confidently act as your voice if you cannot communicate.
- Confirm availability. Ensure that your agent will be reachable and ready to respond during your surgery and immediate recovery period. It is also wise to confirm that you have named a backup agent in your estate planning documents in case your primary agent is unavailable.
- Execute a new document if needed. If you do not have a healthcare power of attorney in place, now is the time to get one. This document can usually be completed on short notice.
What Documents to Prioritize
At a minimum, you should ensure the following documents are in place. Together, they protect your medical care and financial well-being if you become temporarily incapacitated (unable to manage your affairs) and help ensure that your plan is carried out if something unexpected happens.
- Living will: States your specific wishes regarding life-sustaining medical treatment (e.g., ventilators, feeding tubes) if you are unable to communicate; in some states or situations, a separate physician-signed order (often called POLST or MOLST) may also be needed
- Healthcare power of attorney: Designates a trusted person (your healthcare agent) to make all medical decisions for you if you are unable to
- Health Insurance Portability and Accountability Act (HIPAA) authorization form: Gives named people, such as your attorney or loved ones, permission to access medical information and speak with your providers; without this document, your medical care team may be prevented from sharing information due to privacy laws
- Financial power of attorney: Authorizes named people to handle finances on your behalf, including paying bills, managing accounts, accessing records, and filing taxes
- Will: Controls the distribution of probate assets at death and allows you to nominate an executor or personal representative and a guardian for minor children
- Trust: If you have a trust in place, ensure that it reflects your current wishes and is funded (i.e., assets are properly titled in the trust’s name), so that it can function as intended
Short on Time?
If time is extremely limited, prioritize the most urgent step: formally naming the key people who can act for you—your healthcare agent, your financial agent, and (if you have minor children) a guardian. Once those roles are filled, communicate your wishes clearly to each person so they are not left guessing in a high-pressure situation.
In addition, draft a thorough list of your assets (belongings, money, and property), their locations, and any identifying information, which will save time and stress if your loved ones need to step in. Your assets include all your financial accounts, insurance policies, property deeds, safety deposit box locations, and passwords.
Do not overlook planning for digital assets, which may include email accounts, social media profiles, or cryptocurrency, all of which are governed by different policies regarding postdeath access. Documenting login information and instructions for your named agent can prove vital.
Finally, ensure that your loved ones have your attorney’s contact information and know where your original signed estate planning documents are physically located.
While estate planning may be the last thing you want to do before major surgery, taking these urgent steps can give you peace of mind. Knowing that you have prepared for any possible outcome and that your loved ones will not be left to guess your intentions during a difficult time is an incredible gift. We are here to assist you in getting your most important documents in order.
Call Santaella Legal Group, serving all of California, at (925) 831-4840, or reach out to us here.