Facing major surgery is stressful enough. Between time off work, childcare, and recovery planning, it’s easy to push legal planning to the bottom of the list. However, following an estate planning checklist before major Surgery can ensure the essentials are in place—so your loved ones can help you smoothly if you’re temporarily unable to speak for yourself or manage your finances.
Below are the most important estate planning steps to take when time is short.
Start Here: Who to Call and What to Confirm
After you’ve updated close family, your next professional call should be to your estate planning attorney. They can quickly triage what needs attention most and help you update documents on an expedited timeline.
Ask your attorney to help you:
- Review your existing documents. Confirm your will, trust (if you have one), and powers of attorney still reflect your wishes—especially if you’ve had a major life change (marriage, divorce, move, new child/grandchild, or significant financial change).
- Confirm the right people are in the right roles. Make sure your executor/personal representative, trustee/successor trustee, and agents under powers of attorney are still the best fit—and still willing and able to serve.
- Double-check beneficiary designations. Life insurance, retirement accounts, and many investment accounts pass by beneficiary designation, and those designations often control even if your will or trust says something different.
- Create a basic will or update an existing plan if you don’t have one. If you’re starting from scratch, an attorney can often prepare a streamlined will quickly to cover key probate assets and nominate decision-makers.
Notify Your Healthcare Agent Before Your Surgery
If you’ve already named a healthcare agent in a healthcare power of attorney (or similar document), tell them the surgery date, the hospital, and how to reach your providers.
Then do a quick check-in:
- Review your wishes. Talk through your preferences for pain management and interventions such as resuscitation, ventilation, transfusions, or feeding tubes—so they are not guessing under pressure.
- Confirm availability. Make sure they can be reached during surgery and immediately after. Confirm you have a backup healthcare agent named as well.
- If you don’t have a healthcare power of attorney yet, prioritize it. This is one of the most urgent documents to complete because it avoids delays and court involvement if decisions must be made quickly.
The Minimum Documents to Have in Place
If you do nothing else, make sure you have these documents signed and accessible:
- Living Will (Advance Healthcare Directive): States your preferences for life-sustaining treatment if you can’t communicate.
- Healthcare Power of Attorney: Names the person who can make medical decisions for you.
- HIPAA authorization: Allows the people you choose to receive medical information and speak with your providers.
- Financial Power of Attorney: Lets someone handle bills, banking, insurance, and time-sensitive legal/financial tasks while you recover.
- Will: Directs who receives probate assets at death and names an executor; also allows you to nominate a guardian for minor children.
- Trust (if you use one): Confirm it still reflects your wishes and that key assets are properly titled to the trust so it will work as intended.
Short on Time? Prioritize These Three Things
If you only have a day or two, focus on:
- Name your healthcare agent (and a backup).
- Name your financial agent (and a backup).
- If you have minor children, nominate a guardian (and backups).
Once that’s done, communicate your wishes clearly to each person so they’re not left guessing.
Make It Easy for Others to Step In
A little organization now saves your family enormous stress later. Create a simple “if you need to step in” packet that includes:
- A list of your bank and investment accounts, insurance policies, and retirement plans
- Property information (deeds, mortgage details, HOA info if applicable)
- Bills that must be paid, plus due dates and where they’re paid from
- Where your original signed documents are stored
- Your attorney’s name and contact information
- A secure way to access digital accounts (email, cloud storage, financial logins, social media, and any cryptocurrency)
Digital assets are easy to overlook, but they can be critical during recovery and after. Document what exists, how it’s accessed, and what you want done with it.
Peace of Mind Before Surgery
Estate planning may be the last thing you want to deal with before a major procedure, but it’s one of the most protective steps you can take. When your key decision-makers are named, your wishes are clear, and your documents are accessible, your loved ones can focus on you—not legal obstacles.
If you’re facing surgery soon and need urgent planning updates, contact us to get the right documents in place and ensure your family has clear guidance when it matters most.
