You will no doubt be aware that on 9 December 2020 the UK commenced it’s coronavirus vaccine program, giving priority to those most at risk.

The pandemic has demonstrated that there is an urgent need for a focus to be placed on Lasting Power of Attorneys (LPAs).

As we highlighted in our email last week, the plight of TV presenter Kate Garraway has demonstrated how an LPA could have changed her situation.

But now the focus has turned towards the vaccine and how an LPA could help or hinder someone when it’s their turn to have their jab.

James Morrey from the Office of the Public Guardian, wrote a blog on the issue.

He wrote:

“NHS England have produced guidance that says a person needs to give consent to receive the vaccine if they are able to make decisions for themselves.

“Those being vaccinated should be able to understand, retain, or communicate:

  • the possible benefits in the simplest of terms
  • the likely side effects and any individual risks should be understood
  • what could happen if they don’t consent.

“NHS England’s guidance states that patients should be provided with written information about the vaccination, but written consent is not required.

“Based on both the current legal position and the standards expected of healthcare professionals, the person receiving a vaccine must agree before they are given the vaccine.

“It’s important to assume a person has the ability to make their own decision unless proven otherwise. However, a lack of mental capacity to consent should not stop a vaccine being offered. There are additional steps that the vaccinator will need to take if the person lacks capacity to consent to the vaccine.”

Read the full blog here

Act now

For peace of mind and to ensure that you have all the legal protection you need, make an LPA now. Our dedicated team have years of expertise in assisting clients to draft LPAs, helping you feel more secure about your future. 

If you would like to call a member of the team to discuss an LPA then please contact us on 01724 642842 or alternatively send any question through to the team via [email protected]