Mental health clinicians have the ethical and legal obligation to create an emergency plan that specifies how their clients, client records and practice will be managed in the event of therapist incapacitation or death.

TheraClosure helps you create a tailored, comprehensive and actionable Professional Will, and our expert clinicians serve as Practice Executor if needed.

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Professional Wills For Psychotherapists

January 30, 2025
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Practice

The Critical Importance of Creating a Professional Will

For therapists in private practice, the therapeutic relationship is built on trust, commitment, and a duty to provide care. However, few therapists consider what happens to their practice, records, and patients if they suddenly become incapacitated or pass away. Creating a professional will is not just an administrative task; it is an ethical responsibility that ensures continuity of care and protects clients, colleagues, and loved ones from unnecessary distress.

Without a professional will, the sudden absence of a therapist can lead to chaos. Patients may feel abandoned, records may be left unsecured, and colleagues or family members could struggle to navigate legal and ethical obligations. To prevent such scenarios, a well-structured professional will must be in place, addressing key elements to ensure a smooth transition in the event of unexpected incapacity or death.

What Must Be Included in a Professional Will?

A comprehensive professional will should include:

  1. Designation of a Practice Executor
    • A trusted colleague or professional executor who will handle patient notifications, record retention, and practice closure.
    • The executor should be familiar with ethical and legal obligations.
  2. Patient Notification Plan
    • Clear instructions on how clients should be informed.
    • The amount of information shared should be carefully considered, ensuring sensitivity and confidentiality.
  3. Confidentiality and Record Management
    • Detailed guidance on how patient records should be handled in compliance with legal and ethical standards.
    • State-specific record retention requirements (e.g., Oregon requires notification before record destruction, while HIPAA mandates six years of record retention).
  4. Financial and Business Arrangements
    • Instructions on billing final sessions, handling outstanding balances, and closing business accounts.
    • Plans for office lease termination, employee notification, and business closure logistics.
  5. Referral Recommendations
    • A list of trusted therapists to whom patients can be referred.
    • Consideration for vulnerable clients who may need a structured transition plan.
  6. Instructions for Digital Access
    • Passwords and security measures for electronic health records, scheduling software, and voicemail systems.
    • A clear protocol for deactivating accounts while preserving necessary data.

The Problems with Using a Template or a Lawyer for a Professional Will

While therapists may turn to free or low-cost templates or hire a lawyer to draft a professional will, both approaches have significant drawbacks.

Disadvantages of Using a Template

  • Lack of Customization: Templates are generic and fail to account for the specific needs of your practice, such as patient notification preferences or detailed confidentiality measures.
  • State-Specific Regulations Are Overlooked: Laws regarding record retention, patient communication, and executor duties vary by state. A one-size-fits-all template may not align with these legal nuances.
  • No Support for Execution: A professional will is only useful if it is properly implemented. Templates do not provide guidance or support to the executor, leaving them to navigate legal and clinical complexities on their own.

Disadvantages of Using a Lawyer

  • High Upfront Costs: Lawyers can be expensive, and many charge thousands of dollars for drafting legal documents, making this option financially inaccessible for many therapists.
  • Lack of Clinical Insight: While a lawyer can ensure legal compliance, they are not equipped to handle the clinical nuances of patient care transitions. They may overlook key aspects, such as individualized patient notification strategies.
  • No Execution Support: Even if a lawyer drafts a professional will, it does not guarantee that the designated executor will have the resources or expertise to carry it out effectively.

Why TheraClosure is the Best Solution

TheraClosure offers a modern, streamlined approach to creating and executing professional wills, solving the limitations of templates and traditional legal methods. Here’s why it stands out:

  1. Expertly Crafted Professional Wills
    • Developed by professionals with experience in therapist practice closures, ensuring a comprehensive and legally sound document tailored to your needs.
  2. Dedicated Professional Executors
    • Unlike templates or legal documents, TheraClosure includes professional executors who handle practice closures, patient notifications, and legal compliance.
  3. State-Specific Compliance
    • Ensures that your professional will meets the unique legal and ethical requirements of your state, minimizing the risk of non-compliance.
  4. Comprehensive Patient Care Plan
    • Provides a structured, compassionate approach to notifying patients and facilitating referrals, preserving the integrity of the therapeutic relationship.
  5. Fixed, Predictable Costs
    • Instead of the high upfront cost of hiring a lawyer or the unpredictable costs of practice executors billing by the hour, TheraClosure offers a transparent, fixed-cost solution.
  6. Full Implementation and Execution
    • Unlike templates or legal documents, TheraClosure not only helps therapists create a professional will but also ensures it is executed properly when needed.

Conclusion

Creating a professional will is an ethical and practical necessity for therapists in private practice. While templates and legal services offer partial solutions, they often leave gaps that can create problems down the road. TheraClosure provides a comprehensive, expert-driven approach that ensures your professional will is not only well-crafted but also fully executed, protecting your patients, practice, and legacy.

If you haven’t yet created a professional will, don’t wait until it’s too late. Take action today and ensure that your clients and colleagues are supported in the event of the unexpected. Choose TheraClosure for a seamless, professional solution that truly safeguards your practice and those who depend on it.

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