This is relevant for a great number of people, since so many of you face hip, knee, heart surgery and other unexpected issues that find us needing to go under the knife. Hearing that you need major surgery can quickly shift your focus to logistics—time away from work, family responsibilities, recovery plans. In the middle of that preparation, one question matters most: if you are temporarily unable to act, who is in control?
Major surgery is not just a medical event; it is a reminder to ensure the structure protecting your family and assets is firmly in place. Taking these steps now ensures that if something unexpected occurs, your loved ones know exactly what to do—without delay, confusion, or court involvement.
Who to Call and What to Update
Your Estate Planning Attorney
Once your family is informed, connect with your estate planning attorney to ensure your decision-making structure is secure. Whether that means reviewing and updating existing documents or putting the proper protections in place for the first time, a focused conversation can confirm that the right people have immediate authority and that your estate is positioned to operate seamlessly if needed.
- Review existing documents. Ensure that your estate planning documents are up to date or even appropriately exist.
- Create (or update) a will or trust.
Your Healthcare Power of Attorney
If you have already designated someone to make healthcare decisions on your behalf, be sure to inform them of your surgery and timing so they are prepared to act if necessary. If you have not yet named a healthcare decision-maker, now is the time to put that protection in place.
- Review wishes. Take a few minutes to confirm your wishes so your chosen decision-maker can act immediately and confidently on your behalf, without uncertainty or delay.
- Confirm availability. Ensure that your decision-maker 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 so that your directions can properly be managed and executed.
- Execute a new document if needed. If no healthcare decision-maker has been legally empowered, taking steps to establish that authority ensures control remains in trusted hands.
What Documents to Prioritize
At a minimum, you should have the legal infrastructure in place that keeps control where it belongs—with you and your chosen decision-makers. The following documents ensure that if you cannot act, authority shifts immediately to the right hands, and your estate operates under your direction—not the state’s.
- Living will
- Healthcare power of attorney
- Health Insurance Portability and Accountability Act (HIPAA) authorization form
- Financial power of attorney
- Will
- Trust
While estate planning may be the last thing you want to do before major surgery, taking intentional steps now ensures that if something unexpected happens, your family isn’t left navigating confusion or court systems—they have clarity, direction, and control from day one.
