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Capacity, Consent and the COVID Vaccine

Reasons to choose Wilson Browne

Before a vaccine can be administered the individual receiving the vaccine needs to agree.

However, there are circumstances where an individual will not have the capacity to consent to a vaccine.

The healthcare professional offering the vaccine should first establish whether there is a Health and Welfare Lasting Power of Attorney or a Court of Protection Order for Health and Welfare. If there is an attorney or deputy appointed to make health and welfare decisions on behalf of the individual they should be consulted by the healthcare professional and they should give their consent for the vaccine to be administered. The vaccine can only be given once the attorney or deputy has given their consent but there is no requirement for them to be present when the vaccine is administered.

If the individual does not have a health and welfare attorney or deputy, then a best interest decision should be made by the person administering the vaccine under section 4 of the Mental Capacity Act.

Consent cannot be given by a family member who is not a health and welfare attorney or deputy and it also cannot be given by a property and financial affairs attorney or deputy.

More information on Health and Welfare Lasting Power of Attorney can be found here or call 0800 088 6004 to speak to one of our specialists.

Gemma White

Posted:

Gemma White

Paralegal

Gemma has recently graduated from the University of Lincoln with a 2:1. She has a keen interest in Law and joined the Court of Protection team because she wants to be able to assist those who are vulnerable and may need help with managing their…