How to write a clinical will: a step-by-step guide for therapists
A practical, step-by-step guide to creating a clinical will — choosing your executor, documenting how records are accessed, and keeping it up to date.
A clinical will can sound daunting, but it comes down to a handful of clear decisions. Here's a practical, step-by-step way to put one together — whether you're a counsellor, psychotherapist or coach in private practice.
Step 1 — Choose your clinical executor
Your executor is the person who will carry out your wishes. They should be someone with the relevant clinical experience to act appropriately within the limits of confidentiality — usually a fellow practitioner or your supervisor, ideally working in a similar way to you.
Ask them first, and get their agreement in writing. It's strongly advised to name more than one — a backup makes it far more likely your wishes are actually carried out.
Step 2 — Appoint an alerter (next of kin)
Your executor can only act if they know something has happened. So name someone who knows you personally — a family member, friend or neighbour — whose role is simply to contact your executor if you die or become unwell. Give that person your executor's details. As with the executor, a backup is sensible.
Step 3 — Document how your clients can be reached
Your executor needs to be able to contact your clients. Record where your client list lives and how to access it — but don't write live passwords into the document. Instead, point to a password manager or sealed instructions, or use your practice-management system's own delegated-access options. Note each client's preferred method of contact, and any adjustments they need.
Step 4 — Decide what your clients should be told
Do you want your executor simply to inform clients that you're no longer available, or to offer them a referral to another therapist? Spell this out, and provide suggested wording so your executor isn't left guessing at a difficult moment.
Step 5 — Set out what happens to your records
Cover where paper and digital records are stored, how long they should be kept, and how they should be securely destroyed afterwards. A common approach is to retain records for a defined period after therapy ends, in line with your data-retention policy and your professional body's guidance, then confidentially dispose of them.
Step 6 — Plan your digital legacy
Modern practice leaves a digital trail: your website, professional email, cloud storage, social accounts, mailing lists and directory listings. Note how each should be accessed, updated or closed. Google and Apple both offer legacy-contact settings worth setting up in advance.
Step 7 — Cover finance and admin
Include your professional indemnity insurer, the memberships, registrations and ICO registration to cancel, any consulting room or landlord details, and how outstanding or prepaid client fees should be handled.
Step 8 — Store it, sign it, and review it
Sign the document, give copies to your executor (and your legal adviser if you use one), and store it somewhere reachable. Cross-reference it with your personal will so the two work together. Then review it at least once a year, and update your client details whenever they change — a static, out-of-date list is the most common way a clinical will fails.
A simpler way to do all this
Working through these steps from a blank page takes time. PolicyDiary is building a clinical will service that guides you through each one in plain English, pre-fills what it already knows about your practice, and generates a finished document you can sign and hand to your executor.
Register your interest here and we'll let you know the moment it's ready.
This guide is general information, not legal advice. Consider having your finished clinical will reviewed by a suitably qualified adviser.
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