Guardianship & The Covid Vaccine

Brad Smith • January 27, 2021

Should I Consent to My Ward/Loved One Getting Vaccinated? 

It is important to always remember that you are compelled to discuss vaccination with your ward and apply the substituted judgment standard; which means the decision should be made based on your wards wishes and values, not what you or their doctor believes to best for them.

If your ward is able to be involved in the decision-making process, you must discuss and provide a basic explanation of the liabilities and benefits of getting the COVID-19 vaccine. If you do not know what your ward’s requests on vaccines are, then you should consider their beliefs on medical intervention. Ultimately, you should weigh the pros and cons of the vaccine considering your ward’s beliefs and the situation that they are in before making the decision to have your ward receive the COVID-19 vaccine. 


Facilities are not allowed to force anyone to commit to the vaccination; however, if you do refuse the vaccine, your loved one may have to isolate or be moved to another area to quarantine. Additionally, if you believe your ward’s rights are not being protected, you may consider contacting the Long-Term Care Ombudsman or the state Department of Health to discuss the protection of your ward’s rights, as well to ensure your loved one gets the protection that they need. The protection of your ward is incredibly important and you should take every step necessary to be able to ensure they receive the superior care they deserve and need. 

COVID-19 Vaccine-Related Scams 

There is no payment required to receive the COVID-19 vaccine, and you are not allowed pay to move your loved one up the list to receive the vaccine sooner. Any sort of demand for money could be a scam, and you should contact the Department of Consumer Affairs or the Adult Protective Services right away. It is always good to error on the side of caution in these types of situations. Do not give whoever is demanding the money any sort of information that could allow them access to your bank account or credit card information. 

Other Considerations For Guardians

Although many long-term care residents are starting to get vaccinated, the protection from the virus does not come right away. Therefore, you and your loved one should still continue to follow the safety protocols until your loved one is completely protected after the second dose is given to them. Ask the health care provider when it is safe to visit or take your loved one out.


Also, it is not clear whether someone who has been vaccinated is still able to infect others around them, so make sure you take necessary precautions to protect your own health with the appropriate safety measures. Your health is just as important as the loved one that you want to protect as well, taking the necessary precautions can help both of you.

*For more information on guardianship, read our blog linked here.

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