(Almost) Everything You Wanted to Know About Creating Your Own Professional Will – But Were Afraid to Ask!

A professional will is an essential document for psychologists, ensuring the responsible handling of client care, records, and practice-related matters in the event of the psychologist’s incapacitation or death. Creating a professional will aligns with the ethical standards set by the American Psychological Association (APA), specifically addressing issues in the Ethical Principles of Psychologists and Code of Conduct, such as client welfare, confidentiality, and responsible record-keeping (APA, 2017). APA guidelines emphasize that psychologists have a duty to plan for continuity of care, as abrupt disruptions can have adverse effects on clients' well-being. A professional will designates a trusted colleague or another mental health professional to manage these responsibilities, such as notifying clients, securing or transferring records, and referring clients to other practitioners as necessary.

Legal considerations also underscore the importance of a professional will. Many states mandate that client records be retained for specific periods posthumously, and without a professional will, the psychologist’s estate may struggle to manage these records appropriately. This could lead to ethical and legal complications, such as breaches of confidentiality or the inability to fulfill regulatory requirements. By planning ahead, psychologists can prevent ethical breaches, avoid potential legal consequences, and provide a smoother transition for clients, colleagues, and family members. Ultimately, a professional will is a proactive measure, reflecting both professional responsibility and compassion towards clients and ensuring that ethical standards continue to be upheld even when the psychologist is no longer able to act directly. Participants will learn how to identify and address key ethical and legal issues, including the responsibility to safeguard client records, ensure the smooth transfer of care, and maintain professional confidentiality.

This webinar on developing professional wills for psychologists will be led by a knowledgeable team: a licensed psychologist, a lawyer, and a law student. Together, they will cover essential steps to create a professional will, ensuring that psychologists have a plan in place for client care in the event of incapacity or death. The session will blend clinical insight, legal guidance, and practical advice to help attendees navigate ethical and legal considerations, preparing them to safeguard their professional responsibilities and protect their clients' well-being.

Learning Objectives:

1. Identify some of the obstacles that interfere with psychologists developing a professional will.

2. Identify the APA Principles of Psychologists and Code of Conduct that refer to the importance of making reasonable effort for facilitating services in the event that psychological services are interrupted.

3. Discuss the legal issues involved in creating a professional will (PW)/Durable Limited Power of Attorney (DPOA) d. Identify specific information that should be included in a professional will (i.e., passwords, client info) and how to protect confidential information.

Rutgers Graduate School of Applied and Professional Psychology (GSAPP) is recognized by the New York State Education Department's State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0123.

Rutgers Graduate School of Applied & Professional Psychology is approved by the American Psychological Association to sponsor continuing education for psychologists. Rutgers Graduate School of Applied & Professional Psychology maintains responsibility for this program and its content.