Clinical Wills: An overview for Healthcare Practitioners

Ejike Ndaji, Partner in our Wills, Trusts and Probate Team provides an overview of Clinical Wills and their importance to Healthcare Practitioners.

Although the term ‘Clinical Wills’ is widely known within the healthcare industry, the document and its purposes are less well known by the general public and even within the legal profession.

What are Clinical Wills?

A Clinical Will is a document that records the wishes of a professional practising within the healthcare industry that details how their practice should be dealt with in the event of their death or sudden illness.

Who needs a Clinical Will?

Practitioners within the following spheres require Clinical Wills:

·        Private Counsellors and Psychotherapists

·        Clinical and Counselling Psychologists

·        CBT Therapists

·        Coaches and other mental health professionals operating as sole practitioners

Importantly, the Regulators of professional standards including the British Association for Behavioural & Cognitive Psychotherapies (BABCP), UK Council for Psychotherapy (UKCP) and the British Association for Counselling and Psychotherapy (BACP) expressly state that their members should have in place a Clinical Will.

Why is a Clinical Will necessary?

Clinical Wills are necessary for many reasons, such as:

·        Peace of mind: Assurance that clients’ interests will be protected in the case of unexpected circumstances such as illness or death.

·        Administrative ease: Assists the estate’s administrators with managing practical matters involving the running of the practice and eventual closure.

·        Supporting clients: Provides assurance to clients by making the transition to an alternative practitioner easier.

·        Ethical concerns: Protecting the welfare and confidentiality of clients as executors, usually another professional and/or trusted colleague, are appointed to manage client records safely.

·        Business continuity: Provides instructions for closing down a practice, including informing agencies and relevant third parties, and managing administrative tasks.

·        Regulatory and professional requirements: Enabling practitioners to meet ethical, compliance and insurance requirements.

Protecting your business and clients:

Although some Regulators provide proforma Clinical Wills templates, the involvement of a specialist solicitor will ensure that person-specific and tailored advice on the subject is provided. A specialist solicitor will also ensure that the Wills are legally robust, offer sufficient protection and legal assurance, and ensure that the Wills meet GDPR and data protection requirements, as well as align with the contents of one’s personal Will.

For professionals within the healthcare sector or advisers of healthcare practitioners who wish to discuss Clinical Wills and their benefits, please contact Leathes Prior via email at info@leathesprior.co.uk or call us on 01603 610911.

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