Over the last few years, I’ve heard of several of our colleagues dying.
Each time, I know, there is a back story related to how those individual therapists planned . . . or didn’t plan for their wishes concerning the continuity of client care.
Every professional code of ethics for mental health professionals in the United States references in one way or another the need to make provisions for your clients and the transfer of your records in case of your incapacitation, death, or unexplained and prolonged absence.
When my colleague and friend, Catherine Wilson offered to write a guest post on this topic following the loss of her colleague and friend, I eagerly accepted hoping we can all learn from her experience.
A Guest Post
by
Catherine Wilson, MA, LPC, NCC
A Sudden Death
Last January a close friend of mine, Grant Tschetter, died.
He was also a Licensed Professional Counselor and had a small private practice very similar to my own.
When he died, another counselor, Denya, and I were independent contractors seeing clients through Grant’s practice.
Although we were grieving for our friend, we also immediately realized that someone needed to take care of his clients – quickly.
We knew his family wouldn’t have the energy to do this and it needed to be professional counselors that took care of them anyway.
As soon as we could, we did the best we could.
Over time we learned that there isn’t a lot of information or step-by-step guidance yet for therapists about what needs to be done in the days and weeks following a therapist’s death.
Resources about the specifics of doing this are hard to come by so here I am . . . writing a blog post for each of you to provide the resource I needed seven months ago.
After Grant died, I talked to a lot of people and asked a lot of questions.
I hope that the things I’ve listed below are helpful to each of you should you find yourself in a similar position.
The Deceased Therapist’s Family
Get in touch with the family of the deceased and offer assistance as soon as possible.
Most counselors I’ve talked to know that if someone has to step in to take care of another professional’s private practice, her clients, and their records, it legally and ethically needs to be another mental health professional.
Families don’t typically know this.
Besides, the grieving family has plenty to deal with already.
Amanda, Grant’s daughter was assumed to be the primary person handling her father’s affairs; up until his death, she had no reason to even consider these things.
But, of course, she did know that her father’s clients needed to be taken care of in a respectful manner.
Together, Amanda, Denya and I worked together to accomplish that.
Self-Care Now
I’m going to mention self-care sooner rather than later.
That’s because this is a huge task for anyone; and, it’s particularly difficult if you are grieving like Denya and I were.
Step up your self-care activities – whatever they are.
There is a lot of work to be done.
A Sign on the Door
As soon as possible, hang a sign on the entrance to the deceased therapist’s practice to advise clients that their counselor is not available and who to call for information.
Denya was able to do this the day after Grant died.
However, several clients had already been to the office for their scheduled appointments and at that time had no way to know what had happened.
We also changed Grant’s voice mail greeting and added a note to his website to prevent people from taking the time to consider Grant as a potential counselor.
Current Clients
In order to identify and notify the clients that are expecting to have appointments in the upcoming days and weeks, you will need to have access to the deceased therapist’s calendar / schedule.
Know now that making these calls is difficult.
(Denya made almost all of these calls to Grant’s clients and I still can’t imagine how hard this was for her.)
To be grieving while also trying to help clients who are shocked and distressed by the news you give them, is just beyond difficult.
Did I mention already . . . “self-care . . . self-care . . . self-care?”
If someone other than you is receiving calls from clients, that person will need to let clients know how to get in touch with you so that you can break the news to them and provide support for them.
Thankfully, Amanda, Denya and I were able to share information quickly and easily in the weeks and months following Grant’s death.
Billing Needs
You will also need to determine if someone was authorized to bill for the practice, if the billing was up-to-date, and to identify any incomplete billing that needs to be processed.
Complete these tasks as quickly as possible in order to maximize collection of any outstanding debts.
The grieving family may need to provide you with access to the deceased’s computer, passwords, records and possibly the therapist’s phone system.
Notifying Clients
We chose to notify each of Grant’s clients who had been seen by him in the four months leading up to his death unless records clearly indicated that a client had completed their clinical work with him.
We also concluded that clients who had not been seen during that four-month period had likely terminated with Grant even if it wasn’t clearly stated in his clinical record.
To be clear, it wasn’t a legal guideline or rule suggested by a professional organization or governing body; instead, it was simply our judgement call to choose that time frame.
Funeral or Memorial Services
Clients are grieving as well and many are likely to want to come to the funeral or memorial services.
Grant’s family was gracious enough to welcome all of his clients who wanted to attend.
In fact, additional space had to be opened up to allow room for everyone who chose to attend his service.
And, I believe it was truly a testament to the impact this man had on the people he encountered in his life.
These were some of the immediate needs that we addressed after Grant passed away.
Grief Support for Clients
About three weeks after Grant died, Denya and I held two grief support groups for his former clients in case they felt it would be helpful to them.
We didn’t get a lot of people at either of these groups but we felt it was important to offer it for clients that could be struggling with his death.
Based on our personal ethics, both Denya and I created a list of several counselors in the area to refer Grant’s clients to; we used therapists who were on the various insurance panels, EAP provider lists, and Medicaid provider lists that Grant had participated in.
This required quite a few phone calls to check availability and to advise those counselors of the situation in case Grant’s clients called.
Custody of Client Records
It’s possible that decisions made about the business will determine who becomes custodian of the client files.
However, it is legally and ethically required that the custodian be another mental health professional so that record retention and access as well as other ethical considerations are honored.
If requests for records are received, carefully review the records in case anything needs to be redacted.
Did you know you may have a right and / or duty to redact portions of a client’s record?
And, by the way, do you know about redacting pens?
Should you have questions about how and when to redact information, consult your attorney.
Keep or Sell the Practice
In the days and weeks after a therapist’s death, there are also other tasks that may need to be taken care of.
These won’t all be necessary in every situation but may be helpful to consider.
If the deceased counselor has signed a lease for her office, the terms of the lease should be known and understood by everyone involved.
I recently signed a lease for a new office location and it is apparently standard to have in a lease that the lessee’s heirs inherit it—and yes, they inherit the ongoing costs, too!
If there isn’t a professional will to direct the family about these matters, this decision becomes much more complicated.
If the business is being dissolved, this could create a financial hardship for the family of the deceased.
Will they keep the practice and run it with other counselors seeing the existing clients?
Do they want to transfer the business to someone?
Should they sell it?
Dissolve it? You may be able to support the family by recommending an attorney to assist them in making informed decisions related to this.
The decisions made by the family can impact other decisions made later such as closing bank accounts, cancelling the entities’ National Provider Identifier (NPI) or Employer Identification Number (EIN), keeping the phone number, keeping the website, etc.
Third Parties
Some states require that third parties be notified in the event of a health care provider’s death.
These third parties may include
- Individual and group NPI’s (in order to prevent fraudulent billing – this form was difficult for me to find, so I’ve included a link to the form that needs to be used;
- The Council for Affordable Quality Healthcare (CAQH);
- Your state licensing board;
- Employee Assistance Programs (EAPs);
- Insurance / managed care companies;
- Victim’s compensation; and,
- Medicaid.
Unfortunately this, too, is a time consuming process and you have several choices about how to notify these entities.
You may contact these by phone (and should anticipate a lengthy wait on hold), email, or snail mail.
Note that each one may require slight different sets of information about the deceased.
Although we hope it doesn’t happen any time soon, most of us would like to make this process as easy as possible on our family and colleagues.
Steps Every Therapist Should Take
Here are a few things you can do to help your clients, family, and colleagues after your death:</p
Create a professional will.
- Include information about where and how to access client files as well as what you prefer to be done with your clients and business, the names and numbers of trusted colleagues who would be willing to help if you are incapacitated or die.
- You should also pre-arrange and assign a custodian for your files. It is critical that you speak with any colleagues you may name in these documents to be certain that they each agree to act in this capacity for you.
- One of the most helpful things Grant had was a list of his business-related passwords. I can’t even begin to describe how helpful this was as it allowed us to check billing status, access email, access his website, etc. Make a list of all your passwords, tell your executor where it is, and keep it updated.
- As we checked to see which of Grant’s clients were active, which were on his calendar, and as requests for records came in, we realized how important it is to have good documentation. For example, I realized there were a few things I needed to do differently in my own files going forward. One of those is to record billing information in each client file. Having this information along with all the releasable documents (clinical intake assessment, treatment plan, discharge summary if they are inactive, legal/signed documents) is extremely helpful to those who need to be able to step in and fully understand the client’s status.
Final Thoughts
Have any of you been in this situation?
Are there things I’ve left out that you think might be helpful to consider?
If so, I hope you’ll share your thoughts below!
I hope you never need this information.
However, for those of you who will at some point have to navigate these waters, I hope you find this useful.
In remembrance of Grant Tschetter, a dear friend and colleague, one of the kindest and gentlest persons I have ever known.
He may not exist with us here anymore but he isn’t gone and is still helping people with the lasting influence he has had on their lives. Including mine.
He would want us to always remember that each of us can be . . . Stronger Every Day.
_______________________
Cathy Wilson, LPC is the owner of LifePaths Counseling, a private practice with locations in Littleton and Centennial, Colorado where she and her staff provide support and guidance to clients of all ages helping them to build resilience, improve well-being, and bring positive
change to their lives.
Phil West says
Wow. Thank you Tamara and Cathy for this sobering, uncomfortable, and so necessary dose of reality. As a relatively new, but also second career, LICSW practitioner, this really hits home as I start to think about the longer horizon of my work. But unfortunately anyone could fall victim to an untimely death, accident, illness, and your article shows just how important it is to plan for the contingencies in life.
Tamara Suttle says
Hi, Phil! Welcome and thanks for joining the conversation!
You’re so right!
I know I’ve encountered untimely deaths in my family and among my friends.
It’s only a matter of time until that’s true for each of us.
Cathy Wilson says
Hi Phil! Thanks for your comments and I completely agree.
There is so much in life we can’t control but there are a few ways we can plan ahead.
Since then I have slowly but surely been incorporating more preparation in my practice.
I appreciate you sharing your thoughts!
Cathy
Tamara Suttle says
And, “planning ahead” is so much less stressful than flying by the seat-of-your-pants! LOL!
Cadence Chiasson says
Thank you so much for this post! My colleague and I have been talking about getting together to write our professional wills for over a year but this post reignited the phlegm and me to make sure it happens ASAP. It’s hard to think that we could go at any time but that is the way that it is. May I also just suggest that Denis Lane’s book about the legalities of practicing psychotherapy in Colorado has an example professional well in addition to a bunch of other example paperwork.
I am sorry for your loss and glad that you had the ability to share these difficult times with a couple of other people Who also cared to make things right for Grant’s clients and business.
Tamara Suttle says
Hi, Cadence!
I totally understand what you mean!
I have other sets of paperwork-to-do’s that I keep putting off.
In fact, my consultation group is getting ready to schedule a “Paperwork Day” for us all just to meet and work on the same documents at the same time.
LOL – that’s one way to get it done!
OK – so here’s my challenge to you and your colleague . . . .
I hope you’ll drop back in to let us know what date you and your colleague are committing to sit down and work on your professional wills . . . and then drop back in again and let us know when it’s done!
There! I’ve thrown down the gauntlet! Go!
Cathy Wilson says
LOL, Tamara, you are so good about holding people accountable!
Tamara Suttle says
[Snort] You know how I have learned about accountability, Cathy?
By being not accountable – and then paying a price for that!
I had a friend and pastor, Reverend Brenda Hunt, who used to talk a lot about personal integrity.
She pointed out that if we are not doing what we tell ourselves (and others) that we are going to do, then we are out of integrity with ourselves.
I had never thought about it like that . . . but it was / is true!
And, when I finally understood that, I worked harder to build in accountability.
I started putting self-care on my weekly calendar.
I found an accountability partner (thank you Michelle Panulla!).
And, I still drop balls, get distracted, and focus on things other than I sometimes intend to on occasion but I’m so much more accountable than I used to be!
Cathy Wilson says
LOL!
Well that is the second time this week that I’ve had a conversation about personal accountability…I think it’s time for me to find an “accountability buddy” to work with!
Tamara Suttle says
Nudge, nudge!
Cathy Wilson says
Hi Cadence!
I appreciate your comments and condolences, and yes that sure is how it is in this life. When something like losing Grant happens, it really emphasizes the importance of planning.
I appreciate that suggestion about Denis Lane’s book as well!
Thanks,
Cathy
Natasha Dellinger Singer says
This was a helpful blog. I am new to LA and am just building my private practice here. I have very few colleagues that I might even ask to handle things in case of my unexpected death. This is a lot to think about but something I need to think about. Thank you very much.
Tamara Suttle says
Hi, Natasha!
Congrats on building your new practice and thank you for dropping in to chat!
I appreciate you making the point that many therapists don’t know who to ask to take care of these kinds of things . . . and yet our clients need us to do just that.
This alone is the perfect reason to get connected in your home town.
When I first moved to Colorado from Texas, I was in a similar situation.
I tried to connect with my new state’s professional association – that’s one possibility for finding your peeps – but at the time I was initially looking, the Colorado Counseling Association was far from functional.
(Thankfully, that has since changed and it is a vibrant organization.)
When I couldn’t find my professional association, I began slowly and intentionally meeting therapists and eventually put together a consultation group – that has been going now for 8+ years.
So that would be my second suggestion – consider putting together a few therapists as you meet them – for the purpose of supporting and inspiring each other.
Perhaps others here will have other ideas they can share, too.
In any case, I hope you’ll stay connected here and in my Facebook group, too.
Happy to have your voice here and happy to support you on your journey!
Cathy Wilson says
Folks, check out that link to Tamara’s post about consultation groups. I can personally attest to the fact that she knows exactly how to make a consultation group rock!
Tamara Suttle says
Thanks, Cathy! I feel blessed to have had you in there for so long!
Cathy Wilson says
Hi Natasha! I appreciate your comments and have to second what Tamara has said about starting to connect with some colleagues near you. She has some great suggestions about ways to connect with others and once you do, it will probably become clear fairly quickly who you can ask and rely on.
You might offer to reciprocate this for the person or persons you decide to ask. It is ironic that Grant and I had discussed doing this for each other, and he was in my own professional will as a person for my family to contact, along with one other counselor.
Thanks so much for sharing your thoughts!
Cathy
Tamara Suttle says
Oooh, I love, Cathy, that you had the wisdom to identify multiple counselors to take care of your clients and professional stuff rather than dumping it all in one therapist’s lap!
It’s an awful lot of stuff to take care of for just one person – it’s like being the executor of someone’s professional estate!
Lauren Ostrowski says
Catherine,
I just want to mention that I am so sorry for the loss of your colleague. He is fortunate to have been working with you and the other counselor/coworker that you mentioned who could so expertly care for what needed to be accomplished for him.
I’m so happy that you mentioned self-care first, as it is an incredibly important part of the whole process, and probably needs to be first before being able to manage any of the more objective tasks.
I really appreciate your time in laying out a plan. While I knew about being able to redact things from records, I didn’t know that there were pens to do that. In addition to the rest of what you listed, that was something I had never heard of.
I wish you the best moving forward and I hope that you recognize that you can find some support in the community here.
Tamara Suttle says
Hi, Lauren!
I’m just dropping in to say how much I appreciate your voice and your compassion being in this community after all these years!
Cathy Wilson says
Lauren,
I appreciate your caring comments very much!
Self care was extremely important, and thank goodness for my support systems too during that time. Sometimes even those of us in our profession need to remind ourselves to do this during difficult times.
Finding out about redacting pens was weirdly funny to me. I thought, “WHAT? You can get a special pen for that??”
Thanks!
Cathy
Christine Garcia says
This is such important information. I so appreciate Cathy’s willingness to share her experience to help us all. The post is so well organized, it’s easy to refer back to as I consider how to implement a professional will. Thank you for taking the time to write this, Cathy and to Tamara for featuring it!
Tamara Suttle says
Hi, Christine! Thanks for dropping in and taking time to let us know you find this information helpful!
Cathy Wilson says
Hi Christine!
Thanks very much for your comments, I appreciate hearing that a lot and am so glad it is useful!
Cathy
Christine Harris says
Wow! This is a wonderful article. I need to print it out and get to work. Thanks Cathy. You did your homework. Now I need to do mine!
Cathy Wilson says
Hi Christine!
I’m still working my way through getting all my files and information in order. I’m getting there, and it is a lot of work at first but once you get in a routine with it (like including billing information in your client file for instance) it is much easier to maintain.
Thanks for dropping in here to leave a comment, I appreciate hearing that this information is helpful!
Cathy