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.
