Particularly, note that being a close relative does not give you authority to decide whether someone who lacks, or may lack, legal capacity should or should not be vaccinated – or to make any other decisions about their health and welfare.
An individual is assumed to have capacity to make such decisions unless there is a reasonable doubt, when capacity should be assessed by a GP, specialist doctor or other appropriate person. The fact you think the individual is making an unwise decision is not evidence they are unable to give informed consent to a vaccination.
If the individual does not currently have capacity to decide whether to be vaccinated, but previously decided one way or the other (by way of an ‘Advance Decision’) when they did have capacity, then that decision must be respected.
If they have formally appointed an attorney to look after their health and welfare, through a registered Lasting Power of Attorney, their attorney can make the decision for them. The attorney must act in their best interests, having investigated and taken into account all relevant circumstances.
These could include what the individual would have wanted (given their wishes, beliefs and values, and their circumstances – for example, their risk of getting COVID-19, whether they have accepted vaccinations before, whether being vaccinated could be distressing and/or stressful for them, the benefits which would follow on from vaccinations, such as being able to mix with family and others again, and any other risks or benefits) and what their family wants. It is recommended that the attorney makes a record of their investigations and findings.
If the attorney, family and/or professional cannot agree, it is strongly recommended that those involved take legal advice.
Operative date
- Now
Recommendation
- Family, carers or professionals who are unsure whether an individual may lack capacity to decide for themselves whether to have a COVID-19 vaccination - for example, because of a learning disability or dementia – should consider carefully what to do to comply with the law.
This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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