Care home resident to be vaccinated despite son’s objections, judge rules
An 83-year-old care home resident with dementia should be given a Covid-19 vaccine despite her son’s objections, a judge has ruled.
Judge Simon Carr concluded in a hearing at a specialist court that vaccination against coronavirus would be in the woman’s best interests. The court issued a protective order over her identity.
The pensioner’s GP asked the judge to consider the case after the woman’s son objected to her being vaccinated over concerns that Covid vaccines have not been properly tested, PA reported.
The son, who held power over attorney for his mother’s decisions, argued that a blood test could instead show whether his mother might have antibodies, and that she did not need a vaccination.
The ruling was handed down at an online hearing in the Court of Protection, which deals with issues relating to people who might lack the mental capacity to make decisions for themselves.
The judge concluded that the pensioner did not have the mental capacity to make a decision over vaccination for herself.
Judge Carr added that the pensioner’s medical history indicated that she had no objection to vaccines, and that she had been vaccinated against flu for nearly 20 years.
“I have no hesitation in concluding that it is very much in [her] best interests to have the vaccine,” he told the court.
Precedent
The ruling follows a similar judgement issued in the Court of Protection earlier this year, where a judge ruled it was in the best interests of an 80-year-old woman to be vaccinated despite her son’s complaints.
Justice Hayden, Vice President of the Court of Protection, ruled in January that a pensioner referred to as Mrs E should receive the vaccine “as soon as practically possible”.
In that case, the woman lacked the capacity to make her own decision but her son did not hold power of attorney for her health and welfare.
All top four priority groups have now been offered a first dose of the coronavirus vaccine, including all over-70s and clinically extremely vulnerable.
Experts warned last year that coincidental deaths of elderly people could fuel disinformation about the safety of Covid-19 vaccines.
Stuart McDonald of the Institute and Faculty of Actuaries told the BBC: “The largest priority group is the group aged 80 plus, and the average person within that group is around age 85. Life expectancy is not particularly long at that age.
“I think there’s a real concern that people will see these deaths occurring and make a link which perhaps isn’t there.”