Estate Planning Tips for Someone About to Go in for Major Surgery
Facing major surgery can be stressful. Even when the prognosis is good, surgery brings uncertainty—and that uncertainty is often what prompts people to think about estate planning for the first time. Preparing legally before surgery isn’t pessimistic. It’s practical. A few thoughtful steps can protect you, reduce stress for your loved ones, and ensure your wishes are honored if the unexpected happens. Here are the most important estate planning tips to consider before major surgery.
1. Put Medical Decision-Making in Writing
This is the most urgent step.
Make sure you have:
A Health Care Proxy / Medical Power of Attorney naming someone you trust to make medical decisions if you’re unable to
An Advance Directive or Living Will outlining your preferences for treatment, life support, and end-of-life care
A HIPAA Authorization allowing doctors to speak with your chosen decision-makers
Without these documents, hospitals may turn to default legal next of kin—or require court involvement.
2. Name Someone to Handle Financial Matters
If surgery or recovery leaves you temporarily incapacitated, everyday financial tasks still need attention.
A Durable Power of Attorney allows a trusted person to:
Pay bills
Manage bank accounts
Handle insurance matters
Address urgent financial issues
Without it, your loved ones may be unable to act without court approval.
3. Review or Create a Will or Trust
You don’t need a complex estate plan before surgery—but you do need clarity.
At minimum, review or create:
A Will stating who inherits your assets
A Revocable Living Trust (if appropriate) to avoid probate and manage assets during incapacity
Updated instructions for personal property and dependents
This ensures your wishes are documented, even if recovery takes longer than expected.
4. Check Beneficiary Designations
Many assets pass outside of a will.
Review beneficiaries on:
Life insurance
Retirement accounts
Payable-on-death bank accounts
Transfer-on-death investment accounts
Outdated beneficiaries are one of the most common estate planning mistakes—and surgery is a natural reminder to double-check them.
5. Organize Key Information in One Place
Before surgery, gather:
Legal documents
Insurance information
Account lists
Emergency contacts
Login or access instructions (stored securely)
Let at least one trusted person know where this information is kept.
6. Think About Dependents and Care Responsibilities
If you care for:
Minor children
Aging parents
Pets
Someone with special needs
Make sure temporary or long-term care plans are clearly documented. This includes guardianship nominations and caregiving instructions.
7. Communicate Your Wishes (When You’re Ready)
You don’t need to have long, emotional conversations—but letting loved ones know:
Who is in charge
What documents exist
What matters most to you
can ease anxiety and prevent confusion during recovery.
8. Remember: This Is About Preparedness, Not Fear
Estate planning before surgery doesn’t mean you expect something to go wrong. It means you value:
Control over your care
Protection for your loved ones
Peace of mind during recovery
Most people feel relief, not fear, once these steps are complete.
Final Thoughts
Major surgery is a moment of vulnerability—but also an opportunity to prepare thoughtfully. Putting the right legal documents in place now allows you to focus on healing, knowing your affairs are handled if needed.
Estate planning before surgery is one of the simplest ways to protect yourself—and the people who care about you most.