Why Every Counselor Needs a Professional Will: Insights from Dr. Dawn Brunkenhoefer

When it comes to running a private practice, we all think about marketing strategies, business growth, and making sure we’re providing the best care for our clients. But there’s another crucial aspect of our business that often gets overlooked—what happens if something happens to us? That’s where a professional will comes in.

In Texas Counselors Creating Badass Businesses episode #101, I had the absolute pleasure of talking with Dr. Dawn Brunkenhoefer. Dawn is an experienced private practice owner and adventurer, so our focus was on creating a professional will. Let me tell you, this conversation was eye-opening!

TCCBB #101: Why Every Counselor Needs a Professional Will: Insights from Dr. Dawn Brunkenhoefer

What is a Professional Will?

We kicked off the conversation by diving into the basics. A professional will is a legal document that names someone to handle your practice and your clients if you pass away or become incapacitated.

And, no, this isn’t the same as a personal will. In fact, the professional will is specifically designed to protect your business, your client records, and ultimately, your legacy as a counselor.

Dawn shared how many counselors don’t realize the importance of having a professional will until it’s too late. She mentioned hearing countless stories of colleagues who unexpectedly passed away or became unable to manage their practice. Ultimately, untimely passing can leave clients and the practice in a state of confusion.

We have an ethical obligation to protect our clients and their records, even if we’re not here to do it ourselves. That’s where the professional will steps in, ensuring a clear plan is in place so someone else can handle everything smoothly.

Why You Need a Professional Will

So, why exactly do you need a professional will? Well, as Dawn pointed out, “We’re all in line to die someday.” It’s not the most pleasant thing to think about, but it’s reality.

Whether it’s due to an unexpected illness, an accident, or even something as unexpected as getting detained in a foreign country (yep, that happened to one of Dawn’s friends!), a professional will is always a good idea. A professional will guarantees that someone is prepared to step in and keep your business running. If that's not your goal, the will could help help close it down in an ethical and orderly manner.

This is especially critical for those of us who love to travel or have adventure-filled lives. Dawn’s own lifestyle, which includes leading adventure retreats and traveling the world, made her hyper-aware of the need to ensure her business is protected. “I could be out seeing baby humpback whales one day and, boom, something happens.” Dawn was joking here, but her point was serious. You never know when life will throw a curveball, so being prepared is key.

The Key Elements of a Professional Will

Now that we know why a professional will is essential, let’s talk about what needs to be in one. According to Dawn, there are several components that every professional will should have. Your professional will needs to be detailed enough that someone can pick it up and immediately know what to do with your practice.

Here’s a quick rundown of the key elements:

1. License Information: This includes your license number, NPI, EIN, and any other identification numbers tied to your practice.
2. Professional Executor: This is the person you designate to handle everything. Dawn recommended listing more than one executor in case the primary person isn’t available. “I have two professional executors listed in my will,” she said. “The bigger your practice, the more you might need.”
3. Client and Business Information: This section covers where your client records are stored, how to access your scheduling system, and how to notify your clients. In your professional will, you need to tell your executor exactly how you want your clients to be informed. You can decide whether it’s through a phone call, email, or even a note on the office door.
4. Financial Information: You’ll want to include how your executor should handle your finances, including collecting any outstanding client payments. “Even if I’m gone, I want the money owed to my business to be collected,” she said. This money can then be used to settle any debts or go to your family.
5. Legal and Ethical Obligations: Your professional will should comply with the ethical guidelines of your licensing board. This ensures that client records are maintained and protected for the required amount of time.

Protecting Your Clients and Your Business

One of the biggest takeaways from our conversation was how a professional will protects both your clients and your business. Dawn shared a heartbreaking story about a colleague who had a stroke and ended up in a nursing home, unable to manage her practice. Without a professional will in place, other counselors had to scramble to figure out what to do with her clients and business.

A professional will helps avoid that kind of confusion and also ensures your clients aren’t left in the lurch. “The last thing you want is for your clients to find out you’ve passed away through a random social media post,” Dawn pointed out. By including clear instructions in your professional will, you can ensure that your clients are informed in a way that’s sensitive and professional.

And it’s not just about client care—your professional will also protects your personal assets. If your business isn’t handled properly after your death, there’s a risk that your family could be held liable for any unresolved issues. Having a professional will minimizes your chances of being sued and protects your family from that burden.

What Happens to Your Business?

Another critical question we covered is what happens to your business after you’re gone. Do you want it to continue running, or should it be closed down? According to Dawn, this is something you need to decide and clearly outline in your professional will.

“If you have a profitable practice, you should consider giving your professional executor the right to sell your business,” she said. Dawn added that she’s given her own professional executor the first right of refusal to purchase her practice if they want to keep it going.

Practical Tips for Creating Your Professional Will

So how do you actually get started on creating a professional will? Dawn shared some practical tips, including using her free template. Dawn made the template as easy as possible—you just plug in your info, and you’re good to go! Want to know about future resources and practical tips? Sign up for Dawn's mailing list.

Here are a few other tips from Dawn to keep in mind:

• Get It Notarized: To make sure your professional will holds up legally, get it notarized. This gives your professional executor the authority to act on your behalf.
• Keep It Updated: Passwords, client information, and business systems change frequently, so make sure to update your professional will regularly.
• Consider Compensation: Being a professional executor is a big responsibility, so consider offering compensation. Dawn capped the compensation for her professional executor at $5,000 but suggested discussing this with whoever you choose.

Final Thoughts

By the end of our conversation, it was clear just how important it is to have a professional will in place. Whether you’re traveling the world like Dawn or simply running your practice day to day, having a plan is essential. As Dawn put it, “We have an ethical obligation to protect our clients and our practice, even when we’re not here.”

If you haven’t already, now is the time to create your professional will. Not only does it protect your clients and your business, but it also gives you peace of mind knowing that everything will be handled correctly. And, trust me, after hearing Dawn’s stories, this is one task you don’t want to put off any longer!

Action Items:

1. Have you ever thought about creating a professional will? What's standing in your way? Take a moment to jot down your main takeaways from this episode and how you can take Dawn's important advice.
2. If you liked this episode of Texas Counselors Creating Badass Businesses, please subscribe and leave a fabulous review!