Most of us probably accept that having a will is a good idea, but had you ever thought you should have a separate, professional will? It’s something I have been discussing with my supervisees recently and I thought it would be good to share some ideas with a wider audience.
What is a professional will?
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 if you are likely to be back to work in the future. 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 call clients and 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 and wasn’t discharged until three months later. I didn’t return to work for six months. Having someone else who could step in and look after my clients, and a few practicalities, while I was unable to do so was a big relief.
FAQs about therapeutic executors
Can I have more than one therapeutic executor?
Yes, for example, it might make sense to appoint a therapist to look after the client side of things and leave the finances to your accountant.
Is it legally binding?
I had some trouble researching this one, but the consensus seemed to be yes, if combined with a codicil in your will.
Is it 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 you should put a note about it in your GDPR or privacy policy. You need to state in this document 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 your 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. An Enduring Power of Attorney with limited scope (your business affairs only) can help things move faster in this situation.
Where you are disabled or unwell, or otherwise unable to act, they can contact clients and make suitable referrals but will work with you in making decisions.
How do I put this in place?
First, you’ll need to ask someone to be your therapeutic executor and you should both sign a contract setting out their duties and any payment that will be made to them for undertaking these responsibilities. Add a codicil to your will.
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, such as 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.
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 a lot of 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.
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Author: Debbie Waller is an experienced hypnotherapist and hypnotherapy trainer. She is the author of The Hypnotherapist's Companion, Their Worlds, Your Words, and The Metaphor Toolbox, all available from Amazon or direct from the author, and a co-writer of the Hypnotherapy Handbook.
Find out more about Debbie's services on
Yorkshire Hypnotherapy Training - multi-accredited hypnotherapy practitioner training, taster days and foundation levels.
CPD Expert - accredited CPD and other therapy training (online and workshops options), expert and qualified hypnotherapy supervision
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