Adults with Incapacity Information for Power of Attorney or Guardians Information for Power of Attorney or Guardians What if I am a power of attorney or guardian for someone (aged over 16 years) who is invited for vaccination? It’s important to note that not everyone with an appointed Power of Attorney (PoA) or guardian lacks the capacity to consent to vaccination. A person may retain the ability to make informed decisions about vaccinations, even if they lack capacity for more complex medical procedures such as surgery. Assessing Capacity for Vaccination Consent A person is considered able to provide informed consent for vaccination if they can: Understand and act on the information provided about the vaccine Use that information to make a decision Communicate their decision to the vaccinator Demonstrate consistency in decision-making (e.g. making the same decision when presented with the same information again) When a Person Cannot Provide Informed Consent If the individual is assessed as lacking capacity to consent to vaccination, both of the following must be in place: A legally appointed Power of Attorney or Guardian with welfare powers A Section 47 Certificate of Incapacity under the Adults with Incapacity (Scotland) Act 2000, valid for the administration of vaccines. This can be requested from the person’s GP if needed. What to Bring to the Vaccination Appointment If you are attending on behalf of someone who lacks capacity, please bring: A copy of the full Power of Attorney document or Certificate of Appointment of Guardian for review by the vaccinator A valid Section 47 Certificate of Incapacity authorising vaccination Although verbal consent will be requested from the Power of Attorney or Guardian, a Section 47 Certificate is required to provide the legal authority for the nurse to administer Further Information For more details on the Adults with Incapacity (Scotland) Act 2000, please visit the Mental Welfare Commission website.
