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Your guide to creating a professional will in case of emergencies

Learn why professional wills are important for mental health providers and how to create your own.

Ryan DeCook
Ryan DeCook, LCSWTherapist

Creating a professional will may feel overwhelming or unnecessary early in your career. However, regardless of the stage of your career, having a will in place for your therapy practice is an essential step and one that can be managed with the right guidance. Here’s what to know about creating a professional will as a therapist.

Understanding professional wills in mental health practice

A professional will is a formal document that outlines what should happen with a healthcare practice in the event of death or incapacitation. As a mental health provider, the document dictates what should happen when you are no longer able to run your therapy practice. A personal will, by contrast, provides directives about what should happen with aspects of an individual’s personal life after their death. This includes their dependents, assets, property, and entire estate and assets upon their death or incapacitation. A professional will differs by focusing specifically on your clinical practice. 

When you are prevented from continuing to practice, you need a plan for what will happen with your clients and your practice. The professional will appoints an executor and gives them instructions to carry out. It informs the executor what should happen with clients, communication, health records, ensuring continuity of care, and steps for closing your practice if necessary. It would also include specific details such as passwords for accessing your EHR system and other practice tools. The will acts as instructions from you about managing or winding down your practice when you are not present to give those instructions. 

Why every mental health provider needs a professional will

The most obvious need for a therapist’s professional will is upon their death. This becomes increasingly important as you get more advanced in years. Having a plan in place in case of death is essential. Many therapists believe that a professional will is unnecessary if they are earlier in their career, but this perspective carries a lot of risk. Unfortunately, a therapist could become incapacitated at any time — from death, long term disability through an injury or illness, detainment, or incarceration. In these instances of sudden change where you can no longer run your practice, you need an executor to follow specific steps in handling your clients and administration. 

Besides the practical reasons for having a professional will, there are also legal and ethical obligations. Even after death, many states require that health record laws are still followed. Ethically, it is required that clients would not have a significant interruption to their care and that proper referrals to other therapists could be made. With all of these things in mind it is important to have a will in place at any stage of career and is part of a good risk management strategy for your practice. 

Planning for the unexpected: Risk management in your practice

Mental health practices should take a broad view of risk management. Some of the strategies include: assessment and identification of risk, prioritization of client’s best interests, effective communication, compliance with legal and ethical guidelines, ongoing training and education, clear documentation, and ongoing monitoring. If you have these concepts top of mind, you will understand why a professional will makes sense in a broader risk management strategy.

A will checks many of the boxes listed above. It demonstrates good documentation, prioritizes client wellbeing, lays out effective communication strategies, and is in compliance with relevant laws and ethical codes. Upon the chance that sudden incapacitation might occur for your practice, having a professional will in place means that you have mitigated the risk in advance through its clear directives. 

Essential components of an effective professional will

There are several key components that make up a quality professional will. These components include:

Identifying your professional executor 

Selecting an executor is one of the most important pieces of the professional will. They need to meet multiple criteria in order to carry out the instructions of the will. Here’s what to look for:


  • Professional qualifications: The executor needs to be in your field, typically someone who is also a licensed therapist.
  • Understands legal and ethical requirements: They have a solid understanding of legal and ethical requirements for the mental health field and your state of practice. They will be mindful of these standards as they execute the will.
  • Familiarity with your practice: In most cases, this person would be someone you have a professional relationship with and understands the nature of your practice. This means they are at least somewhat familiar with your business and will not be surprised when digging into the details.
  • Trustworthiness and integrity: The executor will be honest in their dealings and can be trusted to handle things in a professional, ethical manner.
  • Good administrative skills: This person is organized, skilled, and can handle all of the required administrative tasks.  
  • High emotion regulation and communication skills: The executor may have to deal with their own emotions as well as the emotions of clients who are informed about your situation. They will need to effectively handle these emotions and still clearly and kindly deliver difficult messages. 
  • Willingness and availability: You should speak with the executor in advance to assess their willingness and availability and gain their consent. They need to be able and willing to execute the will when the time comes. 
  • Backup executor: It is recommended to have a secondary executor on the will in case the primary executor is unable to meet the obligations of the will.

Client notification procedures

Communication protocols to clients should be clearly outlined in the professional will. There are several important items that need to be addressed:


  • Timing: Communication should happen as quickly as possible. As soon as the executor has confirmation of the therapist’s incapacitation, they should start notifying clients.
  • Secure methods of communication: The best ways for notifying your clients should be laid out. This might include phone calls, voicemails, secure messaging systems, emails, or a combination thereof. Any of these communication protocols should be secure and comply with HIPAA, state laws, and professional codes of ethics.  
  • Content of communication: The will should give directives on what the executor should communicate. This would include the reason for the communication (incapacitation of the therapist), what will happen with client records, offer of referrals and continuity of care, and the contact information for the executor. For HIPAA compliant purposes, this information should be limited if leaving a voicemail.
  • Documentation: The will should direct the executor to document all communication with clients and where they can store that documentation.

Records management and access instructions 

One of the most important components of a professional will is handling client records. This portion is especially crucial for legal and ethical compliance. The executor must be given several pieces of information related to records management. They must be informed where the client records are stored. Then, they must be given access instructions for those records, including passwords for any EHR systems. Providing contact information for customer support in case any issues arise can be useful as well. This portion of the will should indicate what is required by relevant law and code of ethics for the security of storage and the length of time for storage. The executor should understand how much longer they must maintain the records in order to comply with these laws. 

Financial and administrative considerations

There are several other matters that the will should address in regards to finances and administration. 


  • Insurance: The will should direct the executor to contact all insurance providers and notify them of the therapist’s incapacitation. It should also state how long liability insurance coverage should be kept in effect, such as to cover post-closure claims. 
  • Billing: The will provides access information to billing systems and records. From there, the executor can see any unpaid sessions. They will have instructions and access to send invoices for unpaid sessions and send insurance any unsubmitted claims. Finally, there should be instructions on how to close out any open accounts.
  • Lease agreements: For in-person therapists, the will should include instructions for access to the lease and the landlord’s contact information. The landlord should be informed and an agreement made to close out the lease and clean out the office. The will should state what happens to the office contents. 
  • Closing accounts: One of the final steps is to close all therapist accounts. This includes bank accounts, vendor or service provider accounts, insurance panels, or professional associations. 

Step-by-step guide to creating your professional will

The thought of creating a professional will can be overwhelming, but it need not be. With some thoughtfulness and practical steps, a quality will can be established.


  • Consult with an attorney: To ensure the best quality and compliance, it is advisable to consult with an attorney. Just as this article and other therapist’s advice can offer general guidelines, they are not a substitute for legal guidance. Ideally, you would find a therapist to walk through the will creation process with you.
  • Appoint an executor: Choose a trusted mental health professional, and a backup executor, using the criteria above. Clearly state their information and that you give them authority to carry out the will. 
  • Provide practice and licensure details: Clearly state the details of your practice and your professional credentials. 
  • Outline responsibilities and instructions: For all the areas that the executor needs to handle, ensure that detailed instructions are provided. The executor needs a map to follow that can make their job as clear and easy as possible. The instructions will include client notification protocols, managing client records, and shutting down business operations. Providing step-by-step instructions for each task they need to complete will set them up for success in carrying out your will. 
  • Include access instructions: The executor will need to know where all relevant documents and information reside. They will need detailed instructions of how to access those things, including password information. 
  • Ensure client consent: In your client paperwork and informed consent, ensure that your client is made aware that an executor will be accessing their record and contacting them in the case that you become incapacitated. 
  • Review and update regularly: Make sure to update the will as your practice and circumstances change. It is recommended to review and ensure the will is updated at least once per year. 

How Headway supports practice continuity planning

A professional will is a necessity for your practice no matter the stage of your career. It is part of a solid risk management strategy and prepares you in the event that you can no longer run your practice. By appointing an executor and providing clear instructions, you can close your practice in a way that honors your clients, mitigates risks and complies with relevant laws and ethical codes. As you continue to run your practice, Headway can help take your administrative burden. Headway is a platform built to help you run your practice through record keeping and insurance billing. Let Headway free you up to focus on the client care that you do best. 

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