Being a deputy or attorney during the coronavirus outbreak
Find out how you can continue to act in the best interests of the client or donor, during the pandemic.
Applies to England and Wales
During the coronavirus (COVID-19) pandemic, your role and responsibilities as a deputy or attorney remain the same.
On 21 February 2022 the government updated the guidance on staying safe and how to help prevent the spread of COVID-19. You can find more information about this on the coronavirus guidance page. There is specific guidance for Wales.
I need to stay at home, what can I do?
If you are staying at home, you must continue to make decisions for the person. You cannot ask anyone else to do it for you. However, once you have made the decision you can have someone help with any tasks you cannot do yourself.
If you need to make a decision but want to talk to the person first, think about how urgent it is and whether it could be delayed.
Working with the person’s health or care providers
Being an attorney or deputy does not mean that you can tell a health or care provider they have to use their resources to help the person.
If the person is due to get medical treatment such as the COVID-19 booster vaccine, they need to be able to consent to it. If they lack capacity to consent, as attorney or deputy you should make the decision for them if you have the relevant power. The vaccination team should contact you to find out your decision.
You will not have the power to make that decision if you are a property and affairs deputy or an attorney on a property and financial affairs LPA. In that case, the decision about whether the person receives the vaccine is taken by the person administering the vaccination.
If you are a health and welfare deputy or an attorney on a health and welfare LPA, then you will likely be involved in that decision.
Can I stop acting as an attorney or deputy temporarily?
No, you cannot give up your role temporarily.
If you’re an attorney, you can permanently step down from (‘disclaim’) your role. If you’re a deputy, you can apply to the court to permanently end your deputyship.
You should think carefully before doing this, as it may leave the person without the support they need.