Court of Protection team at 39 Essex Chambers issues guidance notes on vaccination and testing for Covid-19 and mental capacity

The Court of Protection team at 39 Essex Chambers has published two rapid response guidance notes, covering mental capacity, vaccination and testing for Covid-19.

The team said it had been asked to advise on a number of occasions as to the legal position in relation to both areas. To read the notes, see:

• Rapid Response Guidance Note: vaccination and mental capacity, which includes reference to the Department of Health and Social Care's guidance on the topic
• Rapid Response Guidance Note: testing for Covid-19 and mental capacity

39 Essex Chambers stressed that both notes were a general discussion, as opposed to legal advice on the facts of individual cases.

“It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18.”