Professional Will Checklist

Ensure Your Practice is Protected

As a therapist in private practice, you’ve dedicated yourself to the well-being of your clients. But have you considered what would happen to your practice if you were suddenly unable to continue due to incapacitation or death? A professional will is an essential safeguard, ensuring that your clients receive continuity of care and that your practice is managed responsibly in your absence.

TheraClosure has created the Ultimate Professional Will Checklist, a comprehensive tool designed to help you think through the critical aspects of preparing for the unexpected. Best of all, TheraClosure is providing this document for free, upon request—making it easier than ever to start planning today.

Why Every Therapist Needs a Professional Will

Without a professional will, therapists risk leaving behind confusion, stress, and potential harm for their clients, colleagues, and loved ones. Some of the key challenges that arise when a therapist does not have a structured plan include:

• Client Abandonment – Clients may experience distress if they do not receive timely communication or continuity of care.
• Confidentiality Breaches – Without proper planning, patient records could be mismanaged, violating HIPAA and state laws.
• Administrative Chaos – Families or colleagues may be forced to navigate financial, legal, and logistical burdens with little guidance.
• Legal and Ethical Consequences – Failure to meet state-specific requirements for notifying clients and maintaining records could have legal repercussions.

A well-crafted professional will prevents these problems and provides a clear roadmap for managing your practice in your absence.

What’s Included in the Ultimate Professional Will Checklist?

This checklist covers all the crucial components of a professional will, ensuring that nothing is overlooked. Here are some key areas it addresses:

1. Identifying a Practice Executor

• Who in your life will notify your executor if something happens to you?
• Who will have access to your schedule and client contact list?
• How will clients be notified promptly and compassionately?
• Who will ensure clients receive appropriate referrals for continued care?
• Who will manage clinical records and ensure HIPAA compliance?

2. Patient Notifications and Referrals

• Determine a plan for notifying clients of your incapacity or passing.
• Establish protocols for referrals, ensuring smooth transitions for your caseload.
• Identify high-risk clients who may require specialized handling.

3. Handling Clinical Records

• Secure procedures for transferring, storing, and eventually destroying records in compliance with state-specific regulations (e.g., Oregon requires notification before record destruction, while federal HIPAA laws require six years of retention).
• Ensure a method for securely transmitting records to new providers upon request.

4. Business and Financial Arrangements

• Plan how outstanding client balances will be handled.
• Set up a system to issue necessary documentation for insurance reimbursements.
• Determine how your office lease, professional memberships, and automatic payments will be managed.

5. Digital Security and Access

• Provide access credentials for scheduling systems, electronic health records, and email accounts.
• Ensure secure storage and easy retrieval of login information for authorized personnel.

6. Considerations for Clients and Memorial Services

• Decide what level of information clients should receive about your condition.
• Clarify whether clients would be welcome at a memorial service if they inquire.

The Pitfalls of Using a Template or a Lawyer Alone

Many therapists attempt to create a professional will using a generic template or by hiring a lawyer to draft a document. However, both of these methods have serious shortcomings.

Problems with Templates:

• Lack of Personalization – Generic templates fail to account for the unique aspects of your practice, such as specific client needs or state laws.
• Insufficient Legal and Ethical Guidance – They often omit crucial compliance measures for client notifications, confidentiality, and business closure.
• No Execution Support – A will is only effective if it is properly implemented, but templates offer no help in ensuring your plan is carried out.

Problems with Using a Lawyer:

• High Upfront Costs – Hiring a lawyer to draft a will can be expensive, often costing thousands of dollars.
• Limited Clinical Understanding – Lawyers may not be familiar with the ethical nuances of therapy, such as handling patient notifications sensitively.
• No Follow-Through – A lawyer may draft a legally sound will, but they do not ensure that it is executed properly when the time comes.

Why TheraClosure is the Best Solution

TheraClosure is designed specifically for therapists and mental health professionals, providing a comprehensive, affordable, and effective alternative to templates or standalone legal services.

Advantages of Using TheraClosure:

✅ Expertly Developed Professional Wills – Designed by professionals with experience in therapist practice closures, ensuring nothing is overlooked.

✅ Dedicated Professional Executors – Unlike templates or legal documents, TheraClosure provides trained executorswho handle patient notifications, practice closures, and compliance requirements.

✅ State-Specific Legal Compliance – Ensures that your will meets the legal and ethical standards of your state, minimizing risk.

✅ Comprehensive Patient Care Plan – Ensures a structured, compassionate approach to notifying patients and facilitating referrals.

✅ Predictable Costs – Unlike lawyers who charge high fees or practice executors who bill by the hour, TheraClosure offers a fixed, transparent cost.

✅ Full Implementation and Execution – TheraClosure doesn’t just help therapists create a will—it ensures it is carried out properly when needed.

Get Your Free Professional Will Checklist Today!

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