Receiving news that you need major surgery is never easy. Between coordinating with family members, arranging for support during recovery, and understanding the procedure itself, you have a lot to think about. If you have only a short time (weeks or days) to prepare, focusing on the essentials is key. Reviewing your estate plan is among those crucial 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. Make sure 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such as marriage, divorce, the addition of new children or grandchildren, or a new home can quickly make old documents outdated.
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 can’t 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 Agent. 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 can’t communicate.
Confirm availability. Make sure your agent will be reachable and ready to respond during your surgery and immediate recovery period. It’s also wise to confirm that you’ve named a backup agent in your estate planning documents in case your primary agent is unavailable.
Execute a new document if needed. If you don’t have a healthcare power of attorney in place, now is the time to get one. This document can usually be completed on short notice.
Don’t Overlook These Additional Items
Beyond the core legal documents your attorney will help you review, several often-overlooked items can make a significant difference if someone needs to step in during your recovery or if the unexpected happens.
HIPAA authorization form. This critical document gives named people—such as your attorney, family members, or healthcare agent—permission to access your medical information and speak with your providers. Without it, your medical care team may be legally prevented from sharing information due to privacy laws, even with your closest family members.
Written asset inventory. Create a thorough list of your assets (financial accounts, insurance policies, property deeds, safety deposit boxes), their locations, and any identifying information. This can save significant time and stress if your loved ones need to step in. Include account numbers, institution names, and contact information.
Digital asset access. Document login information and instructions for email accounts, social media profiles, online banking, and any cryptocurrency holdings. Each platform has different policies regarding access after incapacity or death, and without proper documentation, these assets can become inaccessible. Make sure your financial agent knows where to find this information.
Document location guide. Ensure your loved ones know where your original signed estate planning documents are physically located—whether in a safe, safety deposit box, or with your attorney. Also provide them with your attorney’s contact information so they can reach out quickly if needed.
Short on Time?
If time is extremely limited, focus on these two critical actions:
1. Confirm your key people are ready. Contact your healthcare agent and financial agent directly. Make sure they know they’ve been named, confirm they’re still willing and able to serve, verify they’ll be available during your surgery and recovery, and briefly review your current wishes with them. If you haven’t named backup agents, discuss this with your attorney immediately.
2. Get everything in writing and accessible. Even if your estate plan is current, create a simple one-page summary for your family that includes: your attorney’s contact information, the location of your original documents, a brief list of your key accounts and assets, and any immediate instructions for your recovery period. Leave this somewhere your family can easily find it.
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’ve prepared for any possible outcome and that your loved ones won’t be left to guess your intentions during a difficult time is an incredible gift. We’re here to assist you in getting your most important documents in order.
Book Your Introductory Meeting Today
If you’re facing surgery or another major medical event and need to review your estate planning documents quickly, we can help you prioritize what matters most.
Meet with our team for 30 minutes to discuss your estate planning, trust administration, or probate needs. We’ll help you understand if we’re the right fit for your situation.
Ready to get started? Call us at (650) 850-5889 or complete our online contact form to schedule your meeting.
