Records Access in Cases of Practitioner Death or Incapacitation External Procedure

Purpose

This guide provides step-by-step instructions for requesting access to a practice account when the Account Owner has passed away or become incapacitated. We understand this is a difficult time, and we’ve created this resource to make the process as clear as possible.

The process you will follow depends on whether the Account Owner pre-designated an Authorized User in the practice settings.

In this Article:


Which Process Should I Follow?

I was pre-designated as the Authorized User

If the Account Owner previously designated you as an Authorized User in the TherapyAppointment application, follow Pathway A: Pre-Designated Authorized User below. This is a streamlined process requiring minimal documentation.


No Authorized User was designated

If no Authorized User was designated, or if you’re not the designated person, follow Pathway B: Legal Documentation Required below. This process requires legal documentation demonstrating your authority to access the account.


Not sure if you were designated? 

  • If you currently have Manager access to the practice, you can view the Authorized User information in Practice Settings → Authorized User section.
  • Otherwise, contact our support team and provide the practice name. We can confirm whether an Authorized User was designated (though we cannot disclose who it is for privacy reasons unless you are that person). 

Procedure

Pathway A: Pre-Designated Authorized User (Streamlined Process)

If you were pre-designated as the Authorized User, follow these steps:


Step 1: Submit Your Written Request

Send a message through the support portal or to support@therapyappointment.com from the email address that was registered as the Authorized User. Include: 

  • Subject: Records Access Request - [Practice Name] 
  • Request reason: [death/incapacitation of the Account Owner]
  • Full practice name
  • Current Account Owner’s Name
  • Your Full Name
  • Your Email Address
  • Your Phone Number

Step 2: Provide Identification

Our support team will respond requesting a copy of your valid government-issued photo identification. Acceptable forms of ID: 

  • Driver’s license
  • State-issued ID
  • Passport

ID Requirements: 

  • ID must be current and not expired
  • Name on ID must match the name registered in the Authorized User settings 
  • Image must be clear and legible

How to submit: Reply to the support team’s message with a clear photo or scan of your ID. 


Step 3: Notification Period 

For security purposes, we will notify the current Account Owner before granting access: 

  • We will notify the current Account Owner via email and phone using the contact information for the user in the TherapyAppointment application. 
  • We will wait 2 business days for a response. 
  • If the Account Owner responds, we cannot proceed with your request. 
  • If there’s no response after 2 business days, we will proceed with granting access. 

This notification period protects against unauthorized access attempts and ensures the Account Owner (if able) has an opportunity to respond. 


Step 4: Access Will be Granted

Within 5 business days of completing verification and the following the notification period, we will: 

  • If you don’t already have an account with the practice, send you an invitation to create one with a “Therapist” role active. 
  • Grant you Account Owner access to the practice. 
  • Send you an email confirmation. 

What Happens After I Get Access?

Initial Access Period: 30 Days

  • You will have Account Owner access for 30 days from the date it’s granted. 
  • During this time, you can export all practice records. 
  • You can perform all administrative functions. 

To Maintain Permanent Access

  • Update the practice billing information within 30 days. 
  • Once billing is updated and successfully processed, your access becomes permanent. 

If Billing is Not Updated:

  • After 30 days, the account will become inactive. 
  • All practice data will be purged per our standard termination processes per our terms and agreements. 
  • Make sure to export any needed records before the 30-day period ends. 

Pathway B: Legal Documentation Required

If no Authorized User was pre-designated, you’ll need to provide legal documentation demonstrating your authority to access the account:


Step 1: Submit Your Written Request

To: support@therapyappointment.com
Email Subject: Records Access Request - Legal Documentation - [Practice Name]

Email Body: (template):
Dear TherapyAppointment Support Team, 

I am requesting access to [Practice Name]’s account due to the Account Owner’s  [death/incapacitation].

Practice Name: [Full practice name]
Account Owner Name: [Account Owner’s full name]
My Name: [Your full name]
My Email: [Your email]
My Phone: [Your phone number]
My Relationship to Account Owner/Practice: [e.g., executor of estate, court-appointed guardian, attorney, etc.]

I understand that no Authorized user was pre-destined and that I will need to provide legal documentation.

Thank you,
[Your name]

Step 2: Gather Required Documentation

Our support team will send you a detailed list of required documents based on your situation. Below is a guide to help you prepare. 


Required for All Requests: 

  • Valid Government-Issued Photo ID
    • Driver’s license, state-issued ID, or passport
    • Must be current and not expired
    • Name must match, within reason, your name in other legal documents

For Death Situations

  • Proof of Death (one of the following):
    • Option A (preferred):
      • Certified copy of death certificate from vital records office
    • Option B (if death certificate not yet available):
      • Obituary from verified funeral home website, AND
      • Letter from estate attorney or executor on professional letterhead
  • Proof of Your Authority (one of the following):
    • Letters of administration or testamentary from probate court
    • Court order establishing your custodianship or authority over the practice
    • Executor documentation demonstrating authority over the practice

For Incapacitation Situations:

  • Proof of Incapacitation and Your Authority (one of the following);
    • Option A:
      • Court order appointing you as guardian or conservator (must specify authority over healthcare or business matters)
    • Option B:
      • Valid, unexpired durable power of attorney (must cover healthcare and/or business decisions), AND
      • Supporting medical documentation from treating physician on medical practice letterhead
    • Option C:
      • Letter from licensed attorney on professional letterhead (must include attorney license number and contact information), AND
      • Supporting court or medical documentation

Step 3: Where to Obtain Documents

  • Death Certificates:
    • Contact the vital records office in the state/county where the death occurred.
    • Most states offer online ordering. 
    • Processing time varies but typically 2-4 weeks
  • Court Documents (Letters of Administration, Guardianship Orders, etc.):
    • Available from the probate or family court handing the estate/guardianship
    • You may need to petition the court if documents don’t exist yet. 
    • Your attorney can assist with obtaining these. 
  • Power of Attorney: 
    • Should have been executed before incapacitation occurred
    • Contact the Account Owner’s attorney if you’re unsure where it’s located. 
  • Medical Documentation: 
    • Request from the treating physician
    • Should be on official medical practice letterhead
    • Must clearly indicate incapacitation

Step 4: Submit All Documentation

Reply to our support team’s email with:

  • Clear scans or photos of all required documents
  • Ensure all documents are legible
  • Include all pages of multi-page documents

Step 5: Security & Compliance Review

Our Security & Compliance Team will review your documentation for validity. This review typically takes 2-5 business days. 


During this review, we may:

  • Contact you with questions or requests for clarification
  • Verify documents with issuing offices or professionals
  • Request additional documentation if needed

You will receive an email with: 

  • Confirmation that documents were received
  • Estimated timeline for review
  • Any follow-up requests

Step 6: Decision and Access Grant

After completing the review, we will notify you of the decision: 


If Approved:

  • We will grant you access within 5 business days
  • You will receive an email with access details and instructions

If Additional Information is Needed:

  • We will contact you with specific requests
  • Timeline will resume once additional information is provided

If Denied: 

  • We will explain the reason for denial
  • You may be able to resubmit with corrected or additional documentation

After Access is Granted (Both Pathways)

Your New Responsibilities

As the Account Owner, you are now responsible for: 

  • Accepting and managing all legal agreements and contracts for the practice in TherapyAppointment
  • Maintaining compliance with HIPAA and PCI DSS obligations
  • Managing all administrative functions for the practice
  • Ensuring continuity of care for clients (if applicable)

Data Export

You can export all practice records at any time during your access period: 


Billing and Subscription

If you plan to continue using TherapyAppointment for the practice: 


If you do not plan to continue using TherapyAppointment: 

  • Export all needed records before the 30-day period expires
  • No action on billing is required
  • Account will become inactive after at least 30 days. 
  • All data will be purged according to our standard terms and agreements.

Frequently Asked Questions

How long will this process take?

Pathway A (Pre-Designated Authorized User):

  • Typically 5-9 business days from initial request to access granted
  • This includes the 2-business-day notification period required for security purposes

Pathway B (Legal Documentation Required):

  • Typically 7-14 business days from submission of complete documentation
  • May take longer if additional documentation is needed
  • Timeline can be affected by how quickly you can obtain required documents

What if I don’t have all the documents yet?

Submit your initial request as soon as possible, and our support team will work to get the process initiated while you are working to gather documentation. However, we cannot grant access until all required documentation is received and verified.


Can I get a temporary extension beyond 30 days?

Extensions beyond the initial 30-day period may be possible in exceptional circumstances but require approval from our management team. Contact support before your 30-day period expires to discuss your situation.


What if there are multiple people claiming access to the account?

If we receive competing claims, we will not grant access to anyone until the dispute is resolved. TherapyAppointment does not resolve ownership disputes. All parties must provide mutually agreed documentation or a legal directive (such as a court order) resolving the dispute. 


What if the Account Owner designated an Authorized User, but I have legal authority and they don’t?

Contact our support team immediately. This situation may require legal documentation and will be escalated to our Security & Compliance Team for review. We may need to see documentation demonstrating that the pre-designation is no longer valid or that your authority supersedes it. 


Do I need to notify clients about the Account Owner change?

Yes. TherapyAppointment is not responsible for client notification. As the practice custodian, you are responsible for notifying clients about the change in accordance with your professional and legal obligations. 


What if the previous Account Owner contests my request?

If the previous Account Owner responds during the notification period and disputes the request, we cannot grant you access. For death claims, this would indicate the Account Owner is alive and able to manage their own account. For incapacitation claims, this indicates they are capable of managing their account. 

If you believe the situation requires legal intervention despite their response, you may need to obtain appropriate legal documentation (such as guardianship order) and follow Pathway B. 


Can I add other users to the practice account after I get access?

Yes. Once you have Account Owner access, you can add, remove, and manage users just like any Account Owner. See our instructions on Adding and Managing Staff & Roles. 


What happens to scheduled appointments and client data during this process?

All client data, appointments, and records remain secure and unchanged during the access transfer process. Clients can continue to access their portal, if applicable. 


If I’m an attorney representing the estate/family, can I request access on behalf of my client?

Attorneys cannot be granted Account Owner access unless they are the legally designated executor, guardian, or Authorized User. You can assist your client in gathering and submitting documentation, but access will be granted to the individual with legal authority (executor, guardian, etc.), not to the attorney.