When a mental health provider becomes incapacitated or dies, a spouse or partner is often left with more questions than answers as to how to address professional issues. A Professional Will gives authority to a professional executor (a licensed mental health professional that you designate) regarding notifying patients, handling legal issues, accessing computer passwords, billing, etc. This document removes the responsibility from your family to figure out what needs to be done.
In this workshop, Benjamin Caldwell, Psy.D. will walk you through preparing this document.
IN ORDER TO COMPLETE YOUR PROFESSIONAL WILL BY THE END OF THE WORKSHOP, YOU WILL NEED TO COMPILE THE FOLLOWING INFORMATION BEFORE THE WEBINAR BEGINS:
Choose a Designated Executor:
The executor should be someone you trust deeply. The executor will be the one to notify clients and address urgent issues for your business in the event something unexpected happens to you. The executor will have deep access to your business information without guidance or supervision from you. You must trust that every action the executor takes on your behalf will be done with sensitivity, competence, and legal and ethical compliance.
It is worth noting that the executor would not necessarily be taking over care with all of your clients. That may be too much to ask of a colleague who has a busy practice. Depending on how you spell out the responsibilities of the executor, it may be that the executor’s role would be primarily one of delegating responsibility for various aspects of your practice, rather than personally taking on all responsibilities.
While it is not required that your executor be another mental health professional, it is often helpful. Another mental health professional is likely to understand the inner workings of a practice like yours, and is also likely to be aware of important legal and ethical issues, particularly confidentiality.
Your executor should likely not be a spouse, romantic partner, or immediate family member, even if that person is a licensed mental health professional, because that person may be with you when you become unavailable (such as if you get stranded due to a natural disaster while traveling) or involved in your immediate care (such as for a medical emergency). Anyone who would be distraught at your absence may find it emotionally difficult to also take on responsibility for your practice at that time.
Standard documentation:
To your standard Informed Consent document , adding the language below notifies your patients that their records will be shared with the Executor of your professional will if necessary:
(I use “I” for the client in my informed consent.)
In the event of a therapist emergency or unplanned absence from practice, I authorize my contact information and, if necessary, records of treatment to be shared with [name and, if licensed, license number], whom the therapist has designated to assist with continuity of care.
It’s probably better to specifically name the Executor there just to align with common practices around releases, but I’ve seen it done without specific names too. As usual, I’d encourage folks to have their informed consent documents vetted by an attorney to make sure they’re clear and aligned with applicable state law.
Release of information form
Physical space:
Location/s and access instructions
How to pick up mail
Accessing file cabinets or other physical records
Lease information for rented/leased space
Financial continuity:
List of regular, non-automatic payments
Information on shared bank accounts (put simply, who else can sign checks if needed)
Bank account online access instructions
Continuity of care:
EHR access information
Access information for client communication channels (email, text, vm, as utilized)
Scheduling processes (can clients schedule online?)
Employment:
List of current employers, with contact information
List of current employees, supervisees, etc., with contact information
Calendar of upcoming professional events or presentations
Marketing:
Web site: How to access, how to edit
Active marketing channels
Social media accounts
Additional contacts:
Professional liability insurance information
Licensing board information
PLEASE HAVE ALL THIS INFORMATION WITH YOU BEFORE THE WEBINAR BEGINS, AS WELL AS BEING IN A LOCATION WHERE YOU CAN WRITE THE WILL ON YOUR COMPUTER OR TABLET.
SPEAKER
Benjamin E. Caldwell, PsyD is a California Licensed Marriage and Family Therapist and Adjunct Faculty for California State University Northridge. He is the author of Saving Psychotherapy and Basics of California Law for LMFTs, LPCCs, and LCSWs, lead author of AAMFT’s Best Practices in the Online Practice of Couple and Family Therapy, and editor of the User’s Guide to the 2015 AAMFT Code of Ethics. He has published and presented around the country on issues related to ethics, technology, supervision, and professional development.