Clinical wills for therapists: how to plan for sudden illness, absence or death

In short: a clinical will is a written plan that names a trusted colleague to contact your clients, help them find other support and look after their records if you suddenly can’t work. Professional bodies such as BACP and UKCP expect you to have arrangements like this. It’s worth setting one up early and reviewing it once a year.

Nobody likes to think about it, but if you were taken ill or died tomorrow, your clients could be left waiting for a session that never happens, with no one to tell them why. This guide is for counsellors, psychotherapists, psychologists and other practitioners in private practice in the UK. It explains what a clinical will is, what professional bodies say, how to choose your professional executor and what to include.

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What a clinical will is

A clinical will (sometimes called a professional will or therapeutic will) is a document that sets out what should happen to your practice if you suddenly can’t work. It names a person, often called a professional executor or clinical trustee, and tells them how to:

• find out that something has happened to you
• find your current client and supervisee list and contact details
• tell your clients, supervisees and anyone else who needs to know, sensitively and confidentially
• help clients find other support, if they want it
• look after, return or securely destroy your records in line with your retention policy

It keeps your clinical work separate from your personal affairs. Your family or the executors of your ordinary will may never need to see a client’s name.

What professional bodies say

• BACP. The Ethical Framework for the Counselling Professions says: “In the event of death or illness of sufficient severity to prevent the practitioner communicating directly with clients, we will have appointed someone to communicate with clients and support them in making alternative arrangements where this is desired.” It adds that this person “will be bound by the confidentiality agreed between the practitioner and client, and will usually be a trusted colleague, a specially appointed trustee or a supervisor”. BACP’s Good Practice in Action list includes GPiA 104, a fact sheet on clinical wills and digital legacies. BACP says its Ethical Framework 2026 becomes mandatory from midday on 3 November 2026, so check the new wording.
• UKCP. The UKCP Code of Ethics and Professional Practice asks you to “Have arrangements in place for informing clients and, where appropriate, providing them with support in the event of your illness or death.” UKCP also publishes a practice policy on appointing a professional executor from its College for Sexual and Relationship Psychotherapy, which many practitioners find a useful model.
• Other bodies. If you’re registered with the HCPC, or a member of another professional body such as the BPS, NCPS, BABCP or BPC, check your own standards and guidance, and ask your insurer whether they say anything about it.

Choosing your professional executor

BACP says the person will usually be a trusted colleague, a specially appointed trustee or a supervisor. When you choose, think about whether they:

• are a registered practitioner who understands confidentiality and is bound by it
• can give unwelcome news clearly and kindly, and can act quickly
• know your local services, or can find support for your clients, including online
• are not a close family member, so your clinical and personal affairs stay separate
• have the time and are willing. Ask them properly and agree the arrangement in writing.

Many practitioners name a second person as a back-up, and a relative or friend who knows to contact your executor if something happens. Talk about whether, and how, your executor will be paid for their time, and ask your insurer whether their work on your behalf would be covered.

What to include

1. Who to contact, and how they’ll hear. Your executor’s and back-up’s details, and the relative or friend who will tell them.
2. Where the information is. Where your current client and supervisee list, diary and records are kept, and how your executor can get to them. Keep passwords and keys separate and secure, for example in a sealed envelope or a password manager’s emergency access feature, rather than written in the will itself.
3. Who to tell. Clients and supervisees first, then your supervisor, any referrers or agencies you work with, your professional body, your insurer and the rooms you rent.
4. What to say. A short, agreed message for clients, and what support or other practitioners they can be offered. Clients should be told in a way that respects their confidentiality.
5. Your online presence. Your email, phone and video accounts, website, booking system and directory listings, and who can set an out-of-office message or take them down. This is sometimes called your digital legacy.
6. Records. How long records should be kept, how requests for records will be handled, and how they will be securely destroyed at the end.
7. Money. How to handle sessions clients have paid for in advance, and any outstanding invoices.

If you’re ill rather than dead

A clinical will isn’t only for death. A stroke, an accident or a sudden illness could leave you alive but unable to contact anyone. Your plan should say what your executor does if you can’t communicate, and what happens if you can communicate but can’t work, when they would simply pass on your messages and follow your wishes.

For shorter unplanned breaks, the BACP Ethical Framework says these “will be managed in ways to minimise inconveniencing clients and, for extended breaks, may include offering to put clients in touch with other practitioners.”

Linking it to your will and power of attorney

UKCP’s professional executor policy suggests that, together with a clause in or codicil to your will, the agreement with your executor gives them the authority they need. It also suggests a limited power of attorney so someone can act quickly if you’re alive but unable to manage your affairs. The rules differ across the UK:

• GOV.UK explains making a will and how to change one with a codicil, with links to the different rules in Scotland and Northern Ireland.
• In England and Wales, GOV.UK explains how to make a lasting power of attorney. In Scotland, see the Office of the Public Guardian (Scotland).

A solicitor can advise how your clinical will, your ordinary will and any power of attorney should work together.

Data protection and telling clients

You are responsible for your clients’ personal information, and they have the right to be informed about how it is used. So tell clients at the start, in your contract or privacy notice, that if you can’t work a named colleague may contact them and look after their records confidentially. That way, a call from your executor isn’t a shock. Our guides to data protection and record keeping for therapists and the private practice starter kit cover privacy notices and contracts in more detail.

Keeping it up to date

• Update your client list whenever someone starts or finishes, or keep it somewhere your executor can always reach securely.
• Review the whole plan once a year, and whenever you change supervisor, rooms, systems or insurer.
• Check your executor is still willing and able, and that your back-up and your family have their current details.

One-page checklist

• Read what your own professional body and insurer say.
• Asked a professional executor, and a back-up, and agreed it in writing.
• Told a relative or friend who to contact if something happens to you.
• Written down where your client list, diary and records are, and how to reach them securely.
• Agreed a short message for clients and supervisees, and who else to tell.
• Listed your email, phone, website, booking and directory accounts.
• Set out how records will be kept, released and securely destroyed.
• Mentioned the arrangement in your contract or privacy notice.
• Asked a solicitor how it fits with your will and any power of attorney.
• Put a yearly review in your diary.

Common questions about clinical wills

What is a clinical will?

A clinical will, also called a professional or therapeutic will, is a written plan for what should happen to your clients, supervisees and records if you suddenly become too ill to work or die. It names a trusted person, often called a professional executor or clinical trustee, who will contact your clients, help them make other arrangements if they want to, and look after their records confidentially.

Do I need a clinical will?

If you see clients, it is good practice, and some professional bodies expect it. The BACP Ethical Framework says members will have appointed someone to communicate with clients if death or serious illness stops them doing so, and the UKCP Code of Ethics asks registrants to have arrangements in place for informing and supporting clients in the event of their illness or death. Check what your own professional body and insurer ask of you.

Is a clinical will legally binding?

On its own, a clinical will is usually an agreement between you and the person you appoint, rather than a legal will. Guidance published by UKCP suggests linking it to your will through a clause or codicil, so your executor’s authority is clear. A solicitor can advise how it should fit with your will and any power of attorney.

Who should be my professional executor?

Usually a trusted colleague, a supervisor or a specially appointed trustee who is bound by the confidentiality you agreed with your clients. Choose someone who can give difficult news clearly and kindly, can act quickly and knows how to find support for your clients. Many practitioners also name a second person in case the first is unavailable.

Should my privacy notice mention my clinical will?

It is sensible to. Clients have a right to be told how their personal information is used, so your privacy notice or contract can explain that, if you are unable to work, a named colleague may contact them and look after their records confidentially. Check the wording against the Information Commissioner’s Office guidance and your professional body’s advice.

Registered practitioners can list on Therapist Circle free, with no subscription or commission, if that’s ever useful. If you do, remember to add your listing to the accounts your executor should know about.

Sources: BACP Ethical Framework for the Counselling Professions (Good Practice points 41 and 42) · BACP Good Practice in Action resources · UKCP Code of Ethics and Professional Practice (point 28) · UKCP CSRP practice policy 6: the appointment and duties of a professional executor · ICO: the right to be informed · GOV.UK: making a will. Last reviewed 21 October 2026. General information only, written for the UK. Not affiliated with or endorsed by BACP, UKCP, the HCPC, the ICO or any professional body.

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