Lasting Powers of Attorney and the COVID vaccine

Wake Smith Solicitors 15 February 2021

More than 13.5 million doses of the COVID-19 vaccines have now been administered in the UK so far.

Those classed as high-risk of catching the disease and suffering serious complications or even death have been prioritised in receiving the jab.

NHS England has produced guidance which says a person must be able to give consent to receive the optional vaccine.

Jennifer Robinson, paralegal in the private client team at Wake Smith Solicitors, looks at the importance of a Lasting Power of Attorney (LPA) for vulnerable adults’ health and welfare in relation to the vaccine.

She said: “In order to give consent for the vaccine, the person should be able to understand, retain or communication the benefits of the vaccine, the likely side effects and any individual risks of receiving the vaccine and what could happen if they refuse the vaccine.

“Vulnerable adults may need support in making decisions about their health and welfare or lack the capacity to consent to the vaccine.

“The Office of the Public Guardian have confirmed that if a person has a Lasting Power of Attorney (LPA) for health and welfare or a Court of Protection Order (generally a Deputyship order, but may also be an order of the court about this specific issue), then those appointed will be the decision-maker on whether the vaccine should be administered.

“If the individual lacks capacity and there is no Attorney or Deputy with appropriate authority, the healthcare professional administering the vaccine is able to make a best interest decision in line with Section 4 of the Mental Capacity Act 2005.

“If they are in doubt, they can seek legal advice from the relevant local authority or NHS body.

“However, they will not be able to seek or accept consent from the individual’s family member on the basis they are ‘next of kin’.

“This demonstrates the importance of implementing a LPA for health and welfare.”

A LPA is a legal document which allows someone you appoint, known as an Attorney, to make decisions on your behalf when you are unable to do so. This could be as a result of ill-health or mental incapacity.

Jennifer added: “Having a LPA for health and welfare could give you reassurance that if you are unable to make a decision for yourself, your Attorney, a person you know and trust, will be making decisions on your behalf in regards to medical treatment.

“Whilst many business are closed or implementing reduced working, Wake Smith Solicitors has remained fully operational during the COVID-19 pandemic, therefore it is still possible to make a LPA. We are offering virtual appointments through Zoom or Skype.”

The Office of the Public Guardian has also confirmed it is still open and registering LPAs, however there may be slight delay as they are currently experiencing a high volume of applications.

For more information on Lasting Powers of Attorney and to book an appointment please contact our Private Client team at Wake Smith Solicitors on 0114 266 6660. 

Tags

Archive

December 20245November 20245October 20246September 20245August 20245July 20243June 20243May 20245April 20242March 20247February 20242January 20248December 20236November 20232October 20233September 20232August 20234July 20232June 20235May 20237March 20234February 20235January 20233December 20225November 20224October 20224September 20223June 20221May 20227April 20223March 20223February 20223January 20224December 20214November 20213October 20214September 20216August 20212July 202111June 20218May 20216April 20212March 20218February 20218January 20219December 20208November 202013October 20208September 20208August 20203July 20208June 202016May 202011April 20206March 202016February 20208January 202011December 20199November 20199October 201911September 20195August 20194July 20196May 20198April 20196March 20193February 20195January 20194December 20186November 20185October 20182September 20185August 20184July 20189June 20184May 201810April 20185March 20184February 20184January 20183December 20175November 20178October 20177September 20179August 20175July 20176June 201710May 20175April 20178March 201711February 20176January 201710December 20169November 20167October 201610September 201610August 20166July 20167June 20163May 20162April 20166March 20162February 20164January 20165December 20153November 20155October 20156September 20156August 20157July 20157June 20157May 20156April 20159March 20156February 201510January 20156December 20145November 20144October 20142September 20143May 20144March 20146February 20144January 20142December 20132November 20133September 20134July 20132June 20132May 20133April 20131March 20133February 20133January 20136December 20121November 20123October 20122August 20122July 20128June 20123April 20123March 20121January 20124December 20112November 20111October 20112September 20113August 20113July 20117June 20119May 20117April 20115March 20119February 20118January 20111December 20101October 20102September 20102August 20103July 20106June 20101May 20102April 20106March 20102February 20103January 20102December 20095November 20092October 20092September 20092August 20091July 20095June 20095May 20093April 20093March 20093February 20091January 20092November 20082October 20082September 20081August 20083July 20081January 20082

Featured Articles

Contact us