What to Do When Your Doctor Tells You to Get Your Affairs in Order

Five words no one ever wants to hear from their doctor are “Get your affairs in order.” Unfortunately, 76 percent of Americans do not have a will, and it often requires a chronic disease, terminal illness diagnosis, or other life-changing event to prompt people to start the estate planning process.^[1] If you are facing a serious medical diagnosis, follow these tips on crucial documents that will enable you to take back control of your future, ensure that your wishes are honored, and prevent difficult decisions about finances, healthcare, and guardianship from falling to your loved ones during a crisis.

Physician or Medical Orders for Life-Sustaining Treatment

Physician orders for life-sustaining treatment (POLST) and medical orders for life-sustaining treatment (MOLST) are immediate treatment directives that translate your wishes from a living will (see below) into actionable medical orders. They are intended for people with serious medical conditions and may contain do not resuscitate (DNR) or do not intubate (DNI) orders, among others.

Unlike a living will or other documents that you may prepare with your estate planning attorney that are addressed to your family and doctors, a POLST or MOLST is a portable document created in conjunction with and signed by you and your healthcare provider. It is specifically designed to be followed by all medical personnel and can be essential for ensuring that your wishes regarding life-sustaining treatment are respected in an emergency setting. Although POLST and MOLST are common names, the specific name and document form depend on your state and will likely be made available to you by specific medical providers or institutions rather than being provided to you as part of your estate plan.

Living Will / Advanced Directive

A living will is a directive that sets forth your wishes for the medical treatments you do and do not want if you become unable to communicate your decisions and are in a terminal or end-stage condition with no probable chance of recovery. Outlining your preferences in detail can help ease the burden on loved ones who may otherwise have to guess what you would have wanted. In some jurisdictions, a living will may be combined with a healthcare power of attorney (see below) in a single document called an advance healthcare directive. McCreary Law Office considers this one of the biggest gifts you can give your loved ones, taking the need for making this decision out of their hands and making it yourself in advance.

Medical Power of Attorney / Healthcare Surrogate Designation

A medical power of attorney allows you to designate a trusted person (a healthcare agent or attorney-in-fact) to make healthcare decisions on your behalf if you cannot communicate or make decisions yourself. Choose someone who can stay calm under pressure and advocate for your wishes, and talk with them in advance and in detail about your priorities, values, and preferences for treatment and life-sustaining measures so that they are prepared to act confidently on your behalf.

Financial Durable Power of Attorney

A financial durable power of attorney authorizes a trusted individual (the financial agent or attorney-in-fact) to carry out certain financial matters on your behalf. Note that your bank or investment institution may resist honoring the authority granted under a financial power of attorney and may instead prefer their own separate forms.

Last Will and Testament

In the simplest terms, a last will and testament is a statement directing how you want your money and property to be handled when you die. You must designate an executor or personal representative to carry out the instructions in your will; this person will distribute your assets to the recipients you identify in your will. You can also account for digital assets such as email accounts, cloud storage, social media profiles, or online trading accounts and cryptocurrency. Some states also allow you to include a personal property memorandum that lists your personal possessions and designates the recipients. One benefit of this memorandum is that you can update the document without needing an attorney to change your will.

Note that assets that have named beneficiaries, such as retirement accounts and life insurance, generally pass outside your will.

In your will, you can also nominate a guardian for your minor children. If you do not have plans in place that contain a guardianship nomination for your minor children, a judge will have to determine guardianship without your guidance and without knowing your preference. According to Caring.com, only 35 percent of parents with minor children have a will.^[2]

Trust

A trust is a legal arrangement that lets you transfer assets to beneficiaries in a controlled way, often allowing those assets to avoid probate (the court-supervised process of validating a will and distributing property) if the trust is created and funded during your lifetime. The most common categories are revocable living trusts, which can typically be changed during your lifetime, and irrevocable trusts, which generally involve more permanent terms and may be used for specific planning goals.

A trust can also serve as an incapacity planning tool. If you become unable to manage your affairs, a properly funded trust allows ongoing management of trust assets without the delays and expense that can come with court involvement. You can set clear instructions about who receives assets, when they receive them, and under what conditions, while a third party—the trustee—carries out those instructions and manages the trust property for the benefit of your named beneficiaries.

In addition to ensuring that you have had the necessary estate planning documents prepared, you can take several other steps to secure your family’s future if you are facing a serious illness:

• Consider drafting a separate letter detailing any specific wishes for raising your minor children. While it is not typically a legally binding document, it gives you space to share your values, the kind of upbringing you hope that your children receive, and practical guidance for a future guardian.
• Gather important documents. Ensure that your attorney and one or two trusted people know where to find important documents, including identification records, recent tax returns, insurance policies, account and loan information, retirement and pension plan details, deeds and titles, investment statements, and your estate planning documents such as your will and trust.
• Do not overlook planning for digital assets. Email accounts, social media profiles, websites, and apps such as Amazon, PayPal, and Venmo all have different postdeath policies, so planning ahead helps ensure that access, continuity, or closure happens according to your wishes.
• Consider making funeral or memorial plans ahead of time. You should consider how costs will be covered because expenses can be significant, and the decisions are often time-sensitive.
• Review the beneficiaries listed on your retirement accounts and insurance policies. These assets typically transfer according to terms in the contract (called a beneficiary designation) and are not governed by your will or trust, so keeping beneficiary designations up to date is essential to ensure that the outcome matches your intent.

Facing a chronic or terminal illness diagnosis is overwhelming. We are here to help you reclaim control by assisting you in carefully crafting or revising your estate plan. These efforts will not only ensure that your intentions are carried out but also help lighten the load on your loved ones. You don't have to carry this burden alone. Call our office today and take the first step toward peace of mind.

^[1] Victoria Lurie, 2025 Wills and Estate Planning Study, Caring (Sept. 17, 2025), https://www.caring.com/resources/wills-survey. (Last visited Feb. 10, 2026)

^[2] Rachel Lustbader, 2024 Wills and Estate Planning Study, Caring (updated Jan. 9, 2026), https://www.caring.com/resources/2024-wills-survey. (Last visited Feb. 10, 2026)