Professional Will for Therapists
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Running a private practice involves practical operational functions that don’t necessarily relate to clinical work. This includes creating a professional will for therapists.
Ensuring your client data is protected and putting processes, or safeguards, in place—to preempt any emergent scenarios—is a necessary part of building a private practice.
For example, it can be helpful to use a therapist professional will template checklist to guide you in creating your professional will—in the tragic event that may render you incapable of running your practice, or caring for your clients.
This article provides an overview of some key provisions to include in a professional will for therapists, and how to use our free sample will template checklist.
Reasons to create a professional will for therapists
There are several reasons you’ll want to create a professional will. The primary reason is that you have a duty of care to your clients that continues, even in the event of your incapacity or death.
In addition, a professional will for therapists should:
- List individual(s) authorized to execute your professional will
- Protect client data by ensuring only authorized personnel access your client records
- Ensure continuity of care for clients by ensuring they are referred to another clinician
- Provide vital operational information, such as login information to access systems, destroy records, transfer client care, and key insurance and financial information
- Express your wishes, such as which therapists to recommend your current clients be referred to
What to include in your professional will
There are many free will templates and checklists available online. However, you’ll want to ensure that you use a therapist professional will checklist that includes key information about your practice and how you intend to fulfill your ethical obligations.
For example, you’ll want to include the following information:
Attorney details
Your professional will should have the name and contact details of any legal person(s), or professional executor, who is representing your interests and practice.
Secure data
You should include the details of how to access documents and client data in the electronic health record (EHR) software for therapists that you use, along with system login information and passwords.
Authorized persons
Provide the name(s) and contact information for individuals permitted to access client records, physical information and property, and other professional information. This includes specific instructions on how to handle each case. You should also include how to access keys, passcodes, etc.
Continuity of care information
Your professional will should specify what to do with protected health information posthumously, such as transfer it to another practitioner or securely destroy it.
Communication preferences
A professional will for therapists should describe how to communicate with your clients, their preferred names and contact information, and any other relevant information the designated executors of your professional will should know.
A couple of other important factors to consider include:
- Last will and testament: Your professional will should be distinguished from a last will and testament, and only represent your practice wishes and responsibilities.
- Client consent: Be sure to include will information in your consent form, explaining that in the event of your death or incapacitation, you have named a professional executor who may have access to their records.
- Relevant licensure information: Be sure to consult with your professional licensing board to ensure you fulfill your professional responsibilities under their ethical code.
- Speak to an attorney: Consult with an attorney, especially if your professional will for therapists contains complex cases, or multiple legal obligations, to ensure that you have fulfilled your legal and ethical responsibilities. The checklist provided advocates for the inclusion of those major provisions, but is not an exhaustive list. SimplePractice cannot provide legal advice, and this professional will template checklist is intended to provide general guidelines only, not to be a substitute for consultation with a qualified attorney.
Therapist professional will template
Now that you’re familiar with some components of what to include in your professional will for therapists, we’ve provided sample paragraphs that you may find helpful.
Note: These sample paragraphs are intended as general guidelines only. SimplePractice cannot provide legal advice and this article is not intended to be a substitute for consultation with a qualified attorney. It is strongly recommended that you have an estate attorney familiar with mental health practice in your area review your professional will and discuss it with you in accordance with your individual circumstances, prior to effectuating your will. Some provisions may not be applicable to your practice or your location, and/or may need to be amended to be consistent with applicable law.
Introduction sample
“I, [name], hereby declare this to be my Professional Will. This document is intended to give authority and instructions to those individuals defined below regarding my professional [psychotherapy, counseling, or whatever term you prefer] practice in the event of my unexpected incapacitation, unavailability, or death, as further defined below. This document supersedes any prior Professional Wills or similar documents. This is not a substitute for my personal Last Will and Testament. The authorities and instructions granted to the individuals listed within this document have no bearing on any authorities and instructions in my personal Last Will and Testament unless otherwise specifically noted in my personal Last Will and Testament.”
Licensure information
“I am a practicing [profession] licensed in [state] under [license number]. My main office is located at [physical address]. I have additional offices located at [physical addresses].”
Executors
“In the event of my unexpected unavailability, incapacitation, or death, as further defined below, I hereby appoint as the Executor of this Professional Will [name], who has agreed to serve in this role. They may be contacted at [best phone number/s] or [best email address/es if they have agreed to be notified via email].”
Same client records information
“My clinical records for active clients are maintained [describe the location: If paper files in an office, give the office address and specific location within the office. If electronic health records, give the name of the company/site through which records are maintained]. To access these records, the Executor should [if paper files, define who has keys or where a spare set can be located. If electronic records, provide the specific URL for logging in, and include your username and password].”
Sample website information
“I maintain a website for my practice at [web address]. To access the site and make updates, go to [login page] and use the username [your username, which is often the same as your email address] and [password]. Please note that no changes to the website should be necessary unless the Executor (or Secondary Executor, if acting in the Executor role) reasonably believes that I will be unable to return to practice for at least [number] [days or months] as described in Section IX (“Long-term absence”) below.”
For more information, download and save our free checklist for creating your professional will for therapists.
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