Psychologists have ethical and legal obligations to create an emergency plan, such as a Professional Will, to safeguard their clients and clinical records in the event of death or incapacitation.  Yet, many of us do not have an adequate Professional Will that is comprehensive and actionable.  In addition, it is difficult to identify a Practice Executor who would have the emotional separation, time, and expertise to execute a Professional Will.  For these reasons, FPA has partnered with TheraClosure to help psychologists create a tailored, legally-approved Professional Will and compassionate clinicians serve as the Practice Executor, if ever needed.  TheraClosure notifies clients, provides referrals, assumes custody of your records for retention and transfer, complete billing, and administers your practice, in the event of an emergency.  As a benefit of FPA membership, you receive a substantial discount on TheraClosure services. 

Please reach out to Brianna Navarro at brianna@flapsych.com or Nickcole Caldwell at nickcole@flapsych.com if you are an FPA Member interested in the TheraClosure discount code.  

Introduction

For psychologists in private practice, therapeutic work is grounded in trust and continuity. But sudden incapacity or death can disrupt that trust and pose serious legal and ethical challenges. In Florida, licensed psychologists are subject to both statutory law and regulatory obligations that reinforce the need for proactive planning.

Why Planning for the Unexpected Is Essential

Legal and Ethical Responsibilities in Florida

Florida law and professional ethics both emphasize the need for psychologists to plan ahead for unexpected interruptions in practice:

• APA Ethics Code (Standard 3.12): Psychologists must “make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as illness, death, unavailability, relocation, or retirement.”
• Florida Administrative Code Rule 64B19-19.004 requires that, in the event of a psychologist’s death, records must be retained for at least 2 years and 2 months, and that patients be notified via newspaper notice and provided access to their records.
• Florida Statutes §456.057 and §456.058 lay out the rights of patients to access records and the duty of the estate or designee to maintain access.

To comply with these standards, psychologists must take proactive steps to ensure that a designated executor, custodian, or colleague can:

• Access clinical records promptly, including digital and encrypted files.
• Retain records for the required period (typically 7 years under Rule 64B19-19.003, and at least 2 years post-death under Rule 64B19-19.004).
• Maintain confidentiality and prevent unauthorized disclosure, per Florida Statute §490.0147.
• Transfer or dispose of records lawfully, including responding to patient requests, per Florida Statutes §456.057 and §540.058.

Failing to include detailed instructions—such as account credentials, storage locations, or record-handling preferences—in a Professional Will can leave the executor unable to fulfill these duties, potentially exposing the estate and practice to liability.

The Role of a Professional Will

A Professional Will serves as a blueprint for how a psychologist’s practice will be managed in their absence. Key components include:

• Practice Executor: Names the person who will execute the Professional Will.
• Patient Notification: Clear instructions for informing clients, including statutory newspaper notice.
• Continuity of Care: Referral lists and transition plans.
• Confidentiality Protections: Record access protocols.
• Administrative Closure: Lease, billing, insurance, and credentialing wrap-up.

Creating a Professional Will that is truly actionable is extremely challenging. It must include comprehensive details such as passwords, access protocols, preferred communication practices, record retention logistics, and patient notification preferences. In practice, many existing Professional Wills lack this specificity. As a result, executors often struggle to carry out the psychologist’s wishes, quickly access highly secured systems, or answer client questions—particularly when the psychologist’s absence was sudden.

Naming a Practice Executor in Florida

Florida law does not explicitly require psychologists to name a Practice Executor in advance, but doing so is critical to ensuring that required legal steps are fulfilled:

• Upon a psychologist’s death, Rule 64B19-19.004 places responsibility on the estate, executor, or surviving family to retain records for 2 years and notify patients via newspaper ads.
• If no prior arrangements are made, the Department of Health may designate a third party to store records.  However, it is far better for the psychologist to proactively appoint a custodian and document this in their professional will or office policies. By doing so, psychologists honor their ethical duty to plan for continuity and also spare their family or staff from scrambling to manage records without guidance.

Proactive planning ensures that someone with the appropriate legal and clinical knowledge is ready to act quickly and responsibly.

Executor Responsibilities in Florida

The executor or custodian must:

• Secure and Catalog Records: Maintain HIPAA-compliant security and protect records as required by Florida Statutes §456.057 and §490.0147.
• Retain Records: Maintain records for at least 2 years post-death (Rule 64B19-19.004) and generally 7 years from last contact (Rule 64B19-19.003).
• Notify Patients: Publish newspaper notice weekly for 4 weeks, with contact information for requesting records, and send a copy to the Board of Psychology.
• Final Notice and Destruction: After 24 months, publish a final 4-week newspaper notice about record destruction.
• Assist Continuity of Care: Provide referrals and assist in care transitions.
• Document All Actions: Keep clear records of notifications, disclosures, and record releases.

Traditional, Legal, and Professionalized Planning Approaches

Online Templates

• Pros: Low cost and accessible.
• Cons: Often omit critical elements, are not tailored to clinical or legal realities, and may not comply with Florida record-handling or notification laws.

Using an Attorney

• Pros:
  • Legal precision tailored to Florida law.
  • Credibility in legal proceedings.
• Cons:
  • Lack of clinical expertise.
  • High hourly rates ($300-$600/hr); total cost can be thousands.
  • May fail to address record access, notification logistics, or psychological care considerations.

Naming a Colleague as Executor

• Pros: No cost unless activated.
• Cons:
  • May be emotionally impacted.
  • Rarely has the 40–80+ hours needed for full execution.
  • May charge $10,000–$20,000+ if executed.
  • Delays or mistakes can lead to patient harm or legal liability.

Professionalized Planning Model

• Expert Collaboration: Combines clinical and legal expertise.
• Professional Executor: Available, trained, and objective.
• Predictable Costs: Annual retainer avoids surprise fees.
• Protects Family and Patients: Reduces distress, ensures care.

Take Action Today

For psychologists in Florida, proactive planning is not only a professional best practice—it is a legal and ethical necessity. 

• If you have already have a Professional Will and Executor: Use a checklist (such as this one) to ensure the Will contains all the specifics that would be necessary for an executor to execute the Will according to your wishes.  Also, be sure that you have chosen an Executor who has the time, expertise, and emotional distance to fully execute your Professional Will
• If you need to create a Professional Will: Consider the advantages and disadvantages of the options described above.
• Please note that FPA has determined that TheraClosure offers the best solution to the challenges inherent in creating a Professional Will and identifying a Practice Executor.  As such, we have partnered with them and arranged for a substantial discount for FPA members (Please reach out to Brianna Navarro at brianna@flapsych.com or Nickcole Caldwell at nickcole@flapsych.com).
• Whatever you decide, take action before a crisis occurs.  Remember that planning for the unexpected is not just about compliance; it’s an act of care.