(Almost) Everything You Wanted to Know About Creating Your Own Professional Will – But Were Afraid to Ask!
Description
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
Participants will be able to:
- Identify some of the obstacles that interfere with psychologists developing a professional will
- 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
- Discuss the legal issues involved in creating a professional will (PW)/Durable Limited Power of Attorney (DPOA)
- Identify specific information that should be included in a professional will (i.e., passwords, client info) and how to protect confidential information
Instructor Bios
Jeffrey Segal, Psy.D. was formerly an Assistant Teaching Professor and Practicum Coordinator in the school psychology program at the Graduate School of Applied and Professional Psychology of Rutgers. In this role, he taught Introduction to School Psychology, Child Psychopathology and Advanced Group Supervision and coordinated the practica and externship training opportunities for the school Psy.D. students. In addition, he is currently a Visiting Clinical Supervisor at the Rutgers GSAPP – Center for Psychological Services where he supervises both school and clinical students at the GSAPP – Center for Psychological Services. Dr. Segal is a certified school psychologist and licensed psychologist. For many years, Dr. Segal provided integrated behavioral healthcare and developed and directed outpatient mental health programs at Morristown and Overlook Hospitals. Dr. Segal maintains a private practice in Morristown, New Jersey where he works with adolescents and adults in individual, couples and family therapy. He works with many individuals who are managing chronic medical illnesses, in addition to adults with ADHD, depression and anxiety.
Herbert Hinkle, J.D. LL.M- from 1986 to 2015 maintained a private practice – Hinkle, Fingles & Prior, P.C. Attorneys at Law. He has been a consultant to the Robert Wood Johnson Medical School and to the NJ Commission on Bioethics. For many years, he was the director for the Division of Advocacy for the Developmentally Disabled, NJ Department of the Public Advocate. Mr. Hinkle has a number of publications from 1986-2005 on such topics as Aging and the Law, Mental Health and the Law, Medicare and Medicaid Issues for Attorneys and Financial Planning for Parents of the Disabled. From 2009 to the present, Mr. Hinkle has been an adjunct Professor of Law at the Rutgers School of Law- Camden, teaching trusts, estates and taxation.
Julia Evans, B.A. is currently a 3rd year law student at the Rutgers University Law School in Camden NJ. Her expected graduation is May 2025. Ms. Evans received her undergraduate degree from Saint Joseph’s University in Philadelphia, PA majoring in Business intelligence and Data Analytics. She is a current law clerk at Hinkle, Prior and Fischer. Ms. Evan is currently Mr. Hinkle’s teaching assistant and has been a tremendous help and support with the development of this webinar.
The instructors have no conflicts of interest for this program.
Contact Us
For questions, please contact: ce@gsapp.rutgers.edu
Continuing Education 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.
LMFT/MFT and LPC/LAC Licensed in New Jersey: Programs approved by the American Psychological Association are acceptable sources of continuing education credits. Please see https://www.njconsumeraffairs.gov/regulations/Chapter-34-Subchapters-10-31-Professional-Counselors.pdf, Section: 13:34-15.4 APPROVAL OF COURSES OR PROGRAMS on page 27. For all other professional licenses and certifications, please reference your issuing state board regulations regarding reciprocity of continuing education credits.
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.