PracticePerspectives Preparing a Professional Will for Your Practice: Important Factors to Consider Fall ISSUE 2016 NASW receives numerous telephone calls from co-workers and family members seeking assistance with the estate of a clinical social worker in solo or group practice who has died or become disabled. In many situations, death and disability occur unexpectedly; therefore, it is important for clinical social workers to prepare their private practice for such circumstances by preparing a professional will. Doing so allows for a smooth transition of services for patients during a difficult period and provides important guidance for the person designated to close the practice and resolve paperwork. Although you may not like to think about death, it is important for clinical social workers to consider provisions for their practice in the event of their death. Preparation of your practice for your death is the best practice to allow for a continuum of services. A recommended list of options includes, but is not limited to, the following: • Seek legal counsel and discuss options for the estate of your practice with an attorney skilled and experienced in mental health law. It’s important to meet with an attorney to ensure that your professional will meets statutes and regulations in your jurisdiction and is consistent with provisions you may have in your personal will. • To assume the role of professional executor of your professional will, select an appropriate colleague, family member, or any other person of your choice familiar with the practice of social work. This person will be responsible for closing your practice as you outline in your professional will. It is also helpful to designate a second person in the event your first choice is not available to help at the time of your disability or death. Review your wishes and plans by meeting with your chosen executor and backup designee. This helps to prepare them for their role as executor of your professional will in the event of your disability or death; and it provides you with an opportunity to answer questions they may have about your practice and requests. • Inform your executor and back-up designee how they may obtain a copy of your professional will in the event of your death. Mirean Coleman, LICSW, CT Clinical Manager [email protected] The National Association of Social Workers 750 First Street NE Suite 800 Washington, DC 20002-4241 SocialWorkers.org ©2016 National Association of Social Workers. All Rights Reserved. Note: The purpose of this document is to provide information only. It is not intended to provide legal advice but to help clinical social workers get started in developing a professional will prior to meeting with an attorney.
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PracticePerspectives
Preparing a Professional Will for Your Practice:Important Factors to Consider
FallI S S U E
2 0 1 6
NASW receives numerous telephonecalls from co-workers and family membersseeking assistance with the estate of aclinical social worker in solo or grouppractice who has died or becomedisabled. In many situations, death anddisability occur unexpectedly; therefore,it is important for clinical social workersto prepare their private practice for suchcircumstances by preparing a professionalwill. Doing so allows for a smoothtransition of services for patients duringa difficult period and provides importantguidance for the person designated toclose the practice and resolve paperwork.
Although you may not like to think aboutdeath, it is important for clinical social workersto consider provisions for their practice in theevent of their death. Preparation of yourpractice for your death is the best practice toallow for a continuum of services. Arecommended list of options includes, but isnot limited to, the following:
• Seek legal counsel and discuss optionsfor the estate of your practice with anattorney skilled and experienced in
mental health law. It’s important to meetwith an attorney to ensure that yourprofessional will meets statutes andregulations in your jurisdiction and isconsistent with provisions you may havein your personal will.
• To assume the role of professionalexecutor of your professional will, selectan appropriate colleague, familymember, or any other person of yourchoice familiar with the practice of socialwork. This person will be responsible forclosing your practice as you outline inyour professional will. It is also helpful todesignate a second person in the eventyour first choice is not available to helpat the time of your disability or death.Review your wishes and plans bymeeting with your chosen executorand backup designee. This helps toprepare them for their role as executorof your professional will in the event ofyour disability or death; and it providesyou with an opportunity to answerquestions they may have about yourpractice and requests.
• Inform your executor and back-updesignee how they may obtain a copyof your professional will in the event ofyour death.
Mirean Coleman,LICSW, CT
Cl in ica l Manager
mco leman.nasw@soc ia lworkers .org
750 First Street NE, Suite 800Washington, DC 20002-4241SocialWorkers.org
The NationalAssociation ofSocial Workers
750 First Street NE
Suite 800
Washington, DC 20002-4241
SocialWorkers.org
©2016 National Association ofSocial Workers. All Rights Reserved.
Practice Perspectives Fall 2016
Note: The purpose of this document is to provide information only. It is not intended to provide legal advice but to helpclinical social workers get started in developing a professional will prior to meeting with an attorney.
• Include a brief statement on your informedconsent which informs patient that in theevent of disability or your death, you havedesignated a professional executor who willbe given access to their records and maycontact them directly to inform them of yourdisability or death, how to access theirrecords, and to refer them to other services if needed.
• Provide a written list of colleagues, familymembers, or others who may be able to helpwith the closing or selling of your practice.
• Provide information on where to locate keysto the office door, file cabinets, and otherimportant items that may be locked.
• Provide access information to computers,security doors, telephones, voicemails, andother items that may require a name andpasscode. Instruct your executor to leave abrief message about the closing of yourpractice on your office’s voicemail andemail for several months.
• Identify the location of your policy manualand review it with your executor.
• Maintain a list of your professional emailaddress(es), telephone number(s), websiteaddress(es), social media accounts, andweb server.
• Identify any storage facilities includingclouds where you have stored patientinformation and where your paper and/orelectronic backup files are located.
• List your professional liability insurancecompany, policy and telephone numbers,email address, and location of policy.Instruct your executor to acquire ExtendedReporting Period coverage for the closingpractice to provide coverage after yourdeath. This coverage is essential because itprotects your estate from future malpracticesuits that may quality for coverage.
• Make available a list of all third-partypayers with whom you are a provider.Provide their contract and contactinformation to the executor who shouldinform them of your death.
• Provide access to your billing and financialrecords. This may help to facilitatesubmission of outstanding claims.
• Inform the executor how to access yourcurrent and past records of patients andtheir contact information. Make sure yourrecords are up to date.
• Identify the physical or digital location of yourappointment book, calendar, or daily planner.
• Make a list of referrals for patients to receiveon-going services in the event you areunable to continue providing services.
• Identify secure storage place for yourpatients’ records after your death.Confidentiality of records should beprotected even after your death and no onemay be privy to the contents.
• Include instructions about how all business-related expenses are to be paid includingthe executor of the professional will.
• Provide the names and contact informationfor the utility companies and the landlord.
• Update your professional will as changesare made in your practice.
A professional will provides others with basicguidance for taking care of the unfinished businessof a solo or group practice. It also helps patientsto have continuity of care, protects confidentialrecords, and ensures that the practice continues tomeet professional standards until it is closed or sold.
ResourcesThe following resources are available to assistyou in preparing a professional will. Becausestate statutes and regulations vary per state, it isbest to consult with an attorney when preparingyour professional will.
• American Psychological Association. (n.d.).Sample professional will. Retrieved from:www.apapracticecentral.org/business/management/sample-professional-will.pdf
• American Psychological Association. (n.d.).Information for professional executor: files,passwords, and contacts list. Retrieved from:www.apapracticecentral.org/business/management/files-passwords-contacts.pdf
• Coleman. 2009. When a clinical socialworker in solo or group practice dies in soloor group practice. Retrieved from:www.socialworkers.org/practice/practice_tools/when_a_clinical_social_worker_dies.asp
• NASW. 2012. Retiring? tips for closing yourpractice. Retrieved from: http://careers.socialworkers.org/documents/RetiringaPrivatePractice.pdf
• Pope, Kenneth & Vasquez, Melba. (n.d.).Therapist’s guide for preparing a professionalwill. Retrieved from: www.kspope.com/therapistas/will.php
• Zur Institute. (n.d.). Professional will: what isit and how to write it course (CE). Retrievedfrom: www.zurinstitute.com/wills_clinicalupdate.html
Although you may
not like to think
about death, it is
important for clinical
social workers to
consider provisions
for their practice in
the event of their
death. Preparation
of your practice for
your death is the
best practice to
allow for a
continuum of
services.
2
PracticePerspectives
Preparing a Professional Will for Your Practice:Important Factors to Consider
FallI S S U E
2 0 1 6
NASW receives numerous telephonecalls from co-workers and family membersseeking assistance with the estate of aclinical social worker in solo or grouppractice who has died or becomedisabled. In many situations, death anddisability occur unexpectedly; therefore,it is important for clinical social workersto prepare their private practice for suchcircumstances by preparing a professionalwill. Doing so allows for a smoothtransition of services for patients duringa difficult period and provides importantguidance for the person designated toclose the practice and resolve paperwork.
Although you may not like to think aboutdeath, it is important for clinical social workersto consider provisions for their practice in theevent of their death. Preparation of yourpractice for your death is the best practice toallow for a continuum of services. Arecommended list of options includes, but isnot limited to, the following:
• Seek legal counsel and discuss optionsfor the estate of your practice with anattorney skilled and experienced in
mental health law. It’s important to meetwith an attorney to ensure that yourprofessional will meets statutes andregulations in your jurisdiction and isconsistent with provisions you may havein your personal will.
• To assume the role of professionalexecutor of your professional will, selectan appropriate colleague, familymember, or any other person of yourchoice familiar with the practice of socialwork. This person will be responsible forclosing your practice as you outline inyour professional will. It is also helpful todesignate a second person in the eventyour first choice is not available to helpat the time of your disability or death.Review your wishes and plans bymeeting with your chosen executorand backup designee. This helps toprepare them for their role as executorof your professional will in the event ofyour disability or death; and it providesyou with an opportunity to answerquestions they may have about yourpractice and requests.
• Inform your executor and back-updesignee how they may obtain a copyof your professional will in the event ofyour death.
Mirean Coleman,LICSW, CT
Cl in ica l Manager
mco leman.nasw@soc ia lworkers .org
750 First Street NE, Suite 800Washington, DC 20002-4241SocialWorkers.org
The NationalAssociation ofSocial Workers
750 First Street NE
Suite 800
Washington, DC 20002-4241
SocialWorkers.org
©2016 National Association ofSocial Workers. All Rights Reserved.
Practice Perspectives Fall 2016
Note: The purpose of this document is to provide information only. It is not intended to provide legal advice but to helpclinical social workers get started in developing a professional will prior to meeting with an attorney.
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