What would happen to your clients if you suddenly became unable to practise?

 

It's an important question for therapists to consider, so that appropriate arrangements are in place to support clients if their counsellor becomes unexpectedly ill, seriously incapacitated, or dies.

 

A clinical will helps you plan for that possibility. It sets out arrangements for someone you trust to take appropriate action if you can no longer manage your practice yourself.

 

I was recently reminded of the importance of clinical wills whilst reviewing the new BACP Ethical Framework for the Counselling Professions 2026, which becomes mandatory for its members on 3rd November 2026 and includes a requirement to have a clinical will in place.

 

In this article, we'll explore what a clinical will is, why it matters, what to consider when preparing one, and how to begin putting appropriate arrangements in place.

 

What is a Clinical Will?

A clinical will, sometimes called a therapeutic will or practice continuity plan, is a document setting out what should happen to relevant aspects of your professional practice if you die or become seriously incapacitated and cannot manage your work.

 

Its purpose is to reduce the disruption and uncertainty that an unexpected interruption could cause for clients, supervisees, and others who depend on your professional services.

 

Depending on your circumstances, a clinical will may cover:

 

• Who is authorised to act on your behalf

• How clients should be informed if you can no longer practise

• How clients can access alternative support or make arrangements for continuing their therapy

• Where client records and other essential practice information are held.

• How relevant information can be accessed and handled appropriately.

 

The precise arrangements will depend on your practice, the services you provide, the records you hold and the legal and professional obligations that apply to you.

 

A clinical will is not simply a general will dealing with your personal estate. Nor is it just a list of passwords or instructions for closing your business. It is a plan for managing the professional responsibilities that may remain if you can no longer fulfil them yourself.

 

What Does the New BACP Ethical Framework Say?

The BACP Ethical Framework for the Counselling Professions 2026 introduces an explicit requirement relating to clinical wills in section 4.5(e).

 

The new framework becomes mandatory for BACP members at midday on Tuesday 3rd November 2026. If you're a BACP member, it's worth familiarising yourself with the relevant section and reviewing your current arrangements before that date.

 

You can find the framework and information about the transition on the BACP Ethical Framework 2026 page. BACP's Good Practice in Action resources provide additional information to support ethical practice.

 

If you're a member of another professional body, I encourage you to check its current ethical framework and guidance rather than assuming that the same requirements apply.

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What should a clinical will include?

There isn't one universal document that will suit every therapist. However, the following areas are useful starting points when reviewing your arrangements.

 

1. Appoint an appropriate person to act on your behalf
Consider who would be able to take responsibility for the arrangements outlined in your clinical will.

This might be a trusted colleague, supervisor or another appropriately appointed person. They need to understand the responsibilities involved and be willing and able to carry them out.

Discuss the arrangements with them in advance. Make sure they understand what you are asking them to do, what authority they have, and what access they may need.

You should also consider what would happen if your nominated person were unavailable when needed. Depending on the arrangements, identifying an alternative may be appropriate.

The role needs to be clearly defined. Being nominated in a clinical will does not automatically give someone unrestricted access to your records or authority to make every decision about your practice.

 

2. Plan how clients will be contacted
If you could no longer communicate with clients, someone may need to inform them that you are unable to continue providing therapy and explain what happens next.

Think about how this could be done sensitively and confidentially.

Consider:

 

• How your nominated person would identify which clients need to be contacted.

• What contact details and other information they would need.

• How the message could be communicated appropriately.

• What information clients should receive about alternative support.

• How to minimise unnecessary disclosure of confidential information.

 

Clients may respond differently to an unexpected interruption. Some may want help finding another therapist, while others may prefer to make their own arrangements. Your plan should allow for appropriate, respectful communication rather than assuming everyone will want the same response.

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3. Make arrangements for client records
Your clinical will should explain where relevant records are held and how they can be managed if you are no longer able to do so.

This includes considering both paper records and digital information.

 

For digital records, think about where they are stored, how your nominated person would identify the relevant information, and what access arrangements are appropriate. Avoid relying on informal arrangements that depend entirely on you being available to explain how everything works.

Confidentiality remains essential. Your nominated person should only access and use information where they have the appropriate authority and where doing so is consistent with applicable professional and legal requirements (e.g., GDPR).

As previously mentioned, a clinical will should not simply contain a list of passwords. Access arrangements need to be secure, proportionate and carefully considered.

You should also establish how records will be retained, protected and eventually disposed of in accordance with the obligations that apply to your practice.
 

4. Consider your digital legacy
Therapists increasingly rely on digital systems for appointments, communications, session notes, invoices and other practice administration.

Your contingency planning should therefore consider more than a filing cabinet or a paper list of clients.

Think about the digital services you use and what would happen to the information held within them if you were suddenly unavailable.

 

For example:

 

• Where are your client records stored?

• How are appointments and contact details managed?

• Which systems contain confidential information?

• What would your nominated person need to know to carry out their role?

• How will access be provided securely and appropriately?

• What should happen to your professional email account, website and other digital services?

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You do not necessarily need to give your nominated person unrestricted access to every account. Instead, identify the information and permissions needed for the tasks they may have to carry out, and arrange access accordingly.

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5. Plan for continuity and appropriate endings
An unexpected interruption may mean that clients cannot have the planned ending they would ordinarily expect.

Your clinical will can help your nominated person understand what arrangements may be needed to support clients through that disruption.

 

Depending on the circumstances, this might involve providing information about how to seek another therapist, identifying appropriate referral options, or explaining how clients can access relevant support.

 

Consider what information would be helpful to your nominated person without including unnecessary details. The aim is to support appropriate action while protecting your clients' confidentiality.

6. Review your arrangements regularly
A clinical will should not be treated as a document you complete once and then forget about.

Your practice will change over time. You may take on new clients, change your record-keeping system, move to a different premises or alter the way you deliver sessions.

Review your arrangements periodically and whenever there is a significant change in your practice.

Check that your nominated person is still willing and able to act, that contact details are current, and that the instructions remain practical.

It can also be helpful to discuss your arrangements with your supervisor or another appropriately qualified professional, particularly where you are unsure about confidentiality, data protection, legal authority or access to records.
 

How can you get started?

If you haven't prepared a clinical will, or you're unsure whether your existing one is adequate, it can feel like a daunting task. Breaking it down into manageable steps may help.

Start by working through these questions:

 

1. Who could act on my behalf if I became unable to practise?

2. Have I discussed the role with them and agreed the arrangements?

3. How would they identify and contact my clients appropriately?

4. Where are my client records and essential practice information held?

5. How could relevant information be accessed securely and lawfully?

6. What arrangements would help clients access alternative support?

7. When will I review the plan, and how will I keep it up to date?

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These questions are a starting point, not a substitute for the full BACP guidance or advice on your particular circumstances.

You may also want to check your professional indemnity insurance, business arrangements, record-retention procedures and any relevant legal requirements. A clinical will should sit alongside these arrangements rather than replace them.

If you're unsure how to structure your document, you might find it helpful to review the BACP's Clinical wills and digital legacies in the counselling professions guidance and seek appropriate professional advice where necessary.
 

Can practice management software help?

A well-organised practice can make it easier to identify where essential information is held and maintain the records needed to manage your professional responsibilities.

Practice management software can help you keep appointments, client records and administrative information organised. However, software alone does not constitute a clinical will. You still need to make the necessary arrangements, appoint an appropriate person and establish how they can carry out their responsibilities securely.

Practfull is a practice management platform designed specifically for therapists, helping them manage appointments, session notes and client records in one place. If you use digital tools to manage your practice, it's worth considering how they fit into your wider contingency plan.

 

Whatever systems you use, make sure your clinical will addresses the arrangements that matter if you are no longer able to manage your practice yourself.
 

A final thought on clinical wills

Looking back, I realise that no amount of research could have fully prepared me for the experience of working in private practice, but having support made a huge difference. I spoke with other counsellors who had made the transition, and that connection and reassurance kept me going when I doubted myself.

 

If you’re considering taking the leap, my advice is: don’t wait until everything is perfect. Start where you are, ask questions, and allow yourself to learn as you go.

 

Your practice doesn’t need to look like anyone else’s. It just needs to work for you and the clients you’re here to help.

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Useful resources

• BACP Ethical Framework 2026 page

• BACP Good Practice in Action resources (See: GPiA 104 - Clinical wills and digital legacies in the counselling professions)

This article is for general information and reflection only. It does not constitute formal advice or replace current guidance from your professional membership body.