Care providers: does your care home resident have capacity to consent?

Covid-19 vaccinations and mental capacity

With the roll out of the first Covid-19 vaccinations to care homes underway, care home managers and operators will have been absorbed with the logistics of the programme – and the legal position in relation to vaccination and mental capacity for those aged 18 and above.

We are expecting the Department of Health and Social Care to update its guidance on the Mental Capacity Act/deprivation of liberty emergency guidance on vaccinations but in advance of that, the Court of Protection team at 39 Essex Chambers have produced a helpful Rapid Response guidance note on the interplay between vaccination and mental capacity – and specifically lack of capacity to decide and capacitous refusal to refuse to be vaccinated.

Do get in touch if you require support with any of the issues discussed – we have a friendly and expert Court of Protection team ready to help.


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