The Estate Plan They Wanted — But Ran Out of Time to Sign
There are days in this work that stay with you. One of those days came with a call about a man named Greg—a father, grandfather, and small business owner—who had gone to the ER for shortness of breath. That visit turned into a diagnosis of advanced heart failure. Within days, Greg was in the ICU. His daughter called and told me he had no estate plan in place—no will, no power of attorney, no health care directive. They asked the question no one ever wants to ask in that moment: "Is there still time to get this done?"
I told them I’d be at the hospital first thing in the morning. I brought my laptop, drafted documents, and my notary kit. Sitting at Greg’s bedside, we walked through his wishes. He was clear. He wanted to make sure his wife could handle everything without needing to go to court. He wanted to avoid fights between family members. I drafted his plan, explained how it would work, and promised I’d be back later that day to finalize everything.
But hours later, I got another call. His condition had deteriorated. He was no longer fully responsive. I raced back with the documents, but by the time I arrived, it was too late. Greg could no longer legally sign.
From that point forward, his family had to rely on the court system. Probate. Delays. Frozen accounts. No one had clear authority to act. And worst of all, it happened at a time when they were already dealing with grief and uncertainty.
What Happens If You Don’t Have an Estate Plan?
When someone becomes incapacitated or dies without legal documents in place, loved ones are left to navigate a maze of legal processes. In Nebraska, this often means:
Probate court proceedings that can take months or years
Delays in accessing bank accounts or insurance policies
No clear authority to make medical or financial decisions
Family disputes or confusion about who is in charge and what should happen next
And once someone loses the legal capacity to sign documents, your options become very limited. At that point, courts—not you or your family—decide what happens.
The Power of Planning Ahead
This story isn’t meant to scare anyone. It’s meant to ground you in the reality of how estate planning works and why it matters. A basic estate plan in Nebraska typically includes:
A Last Will and Testament
A Financial Power of Attorney
A Health Care Power of Attorney
An Advance Directive or Living Will
For many clients, we also create revocable living trusts to avoid probate and make the transition even smoother.
What’s most important is that these documents are created before a medical emergency. They only work when the person creating them has capacity to understand and sign. Once that window closes, it’s closed.
When Should You Start Estate Planning?
The answer is simple: before you think you need it.
Estate planning isn’t just for retirees or the wealthy. It’s for anyone who wants to:
Protect their spouse or children
Avoid court involvement
Make sure someone they trust can step in
Provide clear instructions for care and finances
And it's especially critical if you’re facing a medical diagnosis, have aging parents, or run a business. Waiting until something goes wrong is when it’s often too late.
Why Asking Your Loved Ones to Plan Isn’t a Burden
A lot of people hesitate to bring up estate planning with parents or partners. They’re afraid it’ll seem pushy or uncomfortable. But the truth is, encouraging someone to make a plan is one of the most loving and responsible things you can do. It’s not a burden—it’s a gift.
A well-crafted plan removes stress, prevents conflict, and gives everyone involved clarity and peace of mind.
Need Help Getting Started?
Whether you’ve been putting off your own planning or want to help a loved one prepare, now is the time to act—before it becomes urgent.
Contact Zachary W. Anderson Law at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation. We’ll walk through what you need and how to make sure everything is legally sound and built to protect the people you care about.
Because when time is short, legal clarity matters.
FAQ: Estate Planning and Medical Emergencies in Nebraska
What happens if someone becomes incapacitated without a power of attorney in Nebraska?
If a person becomes incapacitated and doesn’t have a power of attorney, loved ones must go to court to be appointed as a guardian or conservator. This process can take weeks or months, and no one will have legal authority in the meantime.
Can someone sign estate planning documents while in the hospital?
Yes, if the person is alert, mentally capable, and able to communicate their wishes. However, capacity can change quickly during a medical crisis, which is why timing is critical.
What documents should every adult in Nebraska have?
At a minimum, every adult should have a will, financial power of attorney, health care power of attorney, and advance directive. These documents protect you and your family if something unexpected happens.
What if I’m not sure my loved one is ready to plan?
Start the conversation gently. Focus on how planning can prevent stress and make things easier—not just for them, but for everyone who might have to help down the road. You can also schedule a consultation together to get their questions answered.
Is it ever too late to do an estate plan?
Yes. Once someone has lost capacity or passed away, you can’t create or sign estate planning documents. That’s why the best time to plan is when things are stable.
Zachary W. Anderson Law – Estate Planning Attorney in Nebraska Serving Lincoln, Omaha, and families across the state with thoughtful, affirming, and timely estate planning guidance.