Most of us probably accept (at least in theory) that having a will is a good idea. But have you ever considered having a professional will for your therapy practice as well?
A professional will sets out what should happen to your clients, records and business responsibilities if you were suddenly unable to work. Circumstances might include illness, incapacity, bereavement or death. It’s something I have been discussing with my supervisees recently, and I thought it would be useful to share some ideas here.
What is a professional will for therapists?
Essentially, it’s a document that sets out what would happen if, without warning, you were unable to act within your business. Perhaps because you died, became seriously ill, or had an unexpected change of personal circumstances. It appoints a specific person to act on your behalf: to contact clients, supervisees, trainees, and/or professional bodies, ensure that bills are paid, and keep your records up to date. That person, who is usually but not always another therapist, is called your therapeutic (or sometimes professional) executor.
Of course, for therapists, there are specific issues around this, mostly around confidentiality. Giving any other person access to your records, even if it’s just to cancel appointments, is a breach of confidentiality.
Why have a therapeutic executor?
- The welfare of clients. It means that someone can let them know that you won’t be able to see them, and ideally make a suitable referral for them to complete their therapy.
- The welfare of your family. By separating your business issues separate from personal ones, your family are not faced with business issues in the aftermath of something happening to you.
- Peace of mind about your legal obligations. Someone competent is empowered to take over your accounts, collect outstanding fees, contact your landlord, cancel contracts (for example, for the hire of a room you no longer need), settle your taxes and so on.
- Peace of mind about your ethical obligations. Someone will be empowered to deal with client records, and dispose of them appropriately.
- Support for you – especially if your incapacity to act is because of ill health or bereavement. I was once taken into hospital for what was expected to be a couple of weeks. I wasn’t discharged until three months later and didn’t return to work for six months. Having someone else who could step in and look after my clients, and a few practicalities, was a big relief.
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Therapeutic Executor FAQs
Can I have more than one therapeutic executor?
Yes. For example, appointing a therapist to look after the client side of things and an accountant for the finances.
Is a professional will legally binding?
Yes, as long as it meets the basic legal rules for creating a will. A useful resource is ClinicalWill.app which puts lots of advice and practical help on this topic into one place. Check it out if you are thinking of appointing a therapeutic executor.
Is a professional will a breach of GDPR or confidentiality?
Potentially, yes, as you are giving someone else access to your client records. I’d guess most clients would understand this in an emergency. But to be sure, put a note about it in your GDPR or privacy policy. This document states who you share information with anyway, so insert a line to the effect that if you are temporarily or permanently rendered incapable of acting (e.g., by ill health or death) your therapeutic executor (name) will be given access to client contact details.
When would a therapeutic executor act?
- If you died, they would take over your business and be responsible for winding it up.
- If you were unable to communicate, for example, after a stroke. A Lasting Powers of Attorney with limited scope (your business affairs only) can help things move faster in this situation.
- Where you are temporarily disabled or unwell, or otherwise unable to act, they can contact clients and make suitable referrals. They will work with you in making decisions if you are able to participate.
How to Set Up a Professional Will for Your Therapy Practice
First, you’ll need to ask someone to be your therapeutic executor. You should both sign a contract setting out their duties, and any payment that will be made to them for undertaking these responsibilities.
Then, you’ll need to prepare a document which tells them everything they will need to know in order to act:
- Contact details for your next of kin,
- Your professional accounts and passwords (e.g., your phone, emails, social media),
- Where you keep records of appointments, client files, supervisees, trainees etc and how to access them (e.g., where keys are kept or a password),
- What sort of message you would like placed on your answerphone or social media telling people about the situation,
- Where and how you would like clients to be referred,
- Contact details for people and organisations who will need to be informed. These include professional bodies, your supervisor, your publisher (if you have one), insurance company, your accountant, etc.,
- Anything else you feel applies to understanding how your practice works.
This document should be kept sealed or password-protected unless it is needed. It should also be reviewed regularly to keep it up to date.
Tell your next of kin who your therapeutic executor is, how they can be contacted, and where your document is.
Why Therapists Need Contingency Planning
Making a will – professional or otherwise – is something a lot of us put off. Perhaps we don’t really like to be reminded of our own mortality. Or we rely on thinking “My family know what I would want to happen.”
But at work, we work within so many regulations – privacy, GDPR, Inland revenue etc – that it makes sense to write things down and have it clear.
Is a therapeutic will something you have, or have thought of?
Will you consider it after reading this article?
Let me know in the comments.
About Debbie Waller
Blog Author Debbie Waller is a hypnotherapist, supervisor, and trainer with more than twenty years of experience. As well as having a busy client practice, she runs Yorkshire Hypnotherapy Training and writes books and articles for therapists who want to deepen their knowledge and develop effective practice.
Disclaimer
The information and ideas shared on this blog are based on the author’s professional experience, research, and training. They are intended for educational purposes and to support reflection and professional development. Therapists should always apply their own professional judgment and consider the needs of individual clients when using any techniques or suggestions discussed here.
While every effort is made to ensure the information is accurate and helpful, no responsibility can be accepted for any loss, damage, or difficulties arising from the use or misuse of material contained in these articles.
