Major Surgery? Organizing Affairs

Mar 25, 2026

No one wants to suddenly find out they’re in need of critical and serious surgery, but in the face of such news, it’s wise to act quickly, ensuring that affairs are in the best possible order for loved ones. Ideally, early and proactive estate planning might mean that a will and trust have been created, and simply need to be reviewed and updated. But, even absent advanced planning, attorneys assure us that there are timely steps to take, including ensuring that financial and healthcare decision makers are designated should you need them to step in, and planning for your most significant assets. Read on for practical guidance.

Designating People To Act On Your Behalf

When time is not on our side ahead of a major and serious surgery or medical procedure, two of the most important steps we can take are designating people to make healthcare and financial decisions on our behalf. Usually, the person you authorize to take over your monetary responsibilities in the event of a capacity decline is referred to as a power of attorney (POA), while a person authorized to make medical decisions is your healthcare proxy or agent. Fortunately, both of these appointments can be made swiftly. While plenty of “signature ready” templates for these designations are available online, for confidence and accuracy, asking an attorney to prepare and witness sign-off (and notarization if necessary) is generally well worth it. Attorneys at Wilson Law Group note that it is especially important to contact your designated healthcare agent, communicate your scheduled surgery with them and:

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.

Wilson Law Group also recommends having your attorney review and update a will and or trust if you have previously made them, and points out that if you have not previously done so, an attorney can expediently prepare a will, assuring your most important assets are distributed as intended, and enabling you “to nominate an executor or personal representative and a guardian for minor children.” In advance of a major medical event, attorneys further encourage:

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.

Good To Know: Personal Representative Bonds Explained

A personal representative is a common, modern term used in many states as an umbrella term for either an Administrator or an Executor—the person responsible for attending to the affairs of the deceased. Like an administrator or executor, a personal representative is considered a fiduciary, meaning that they are legally obligated to take better care of assets intended for beneficiaries (or owed to creditors) than they do of even their own money. Adherence to state probate court protocols, as well as the intentions expressed in estate planning documents, are also musts for personal representatives.

To ensure all these duties are handled honestly and accurately, personal representatives can be required to obtain a personal representative bond.

Essentially, a personal representative bond acts as a financial guarantee to heirs and creditors until affairs are settled, providing recourse in the event the representative fails in their duties. In other words, personal representative bonds serve as a safeguard, ensuring assets are managed honestly, responsibly, and in accordance with all court directives and state law.

The bond amount and specific bond terms for a personal representative bond are usually set by the courts—typically the judge or a court clerk. This determination is based on the circumstances of the estate, and the value of the assets being protected. Like all estate bonds, personal representative bonds are legally binding, three-party contracts. The Surety guarantees to the Obligee (the Court on behalf of beneficiaries and creditors) that the Principal (the personal representative obtaining the bond) will comply with all applicable laws and standards. If the Principal causes financial harm by failing in their duties, the Surety compensates the injured parties, up to the bond’s value.

Colonial Surety Company makes it easy to secure personal representative bonds, as well as administrator, executor and other types of probate and fiduciary bonds that meet the exact, state-specific requirements of courts in every state and U.S. territory. As a national, direct, and digital writer, Colonial Surety Company makes obtaining personal representative and other bonds quick and easy:

Simply select the personal representative or other bond you need from our extensive online fiduciary bond library.
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Complete the brief application and payment.
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