Guardianship & The Covid Vaccine

Brad Smith • Jan 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.

Interested In Working With Us?

If you need any help regarding your business or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.

Interested in Working With Us?

If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.


Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.


With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.

Helpful Guides

Begin your journey by taking advantage of our collection of complimentary guides.

View Guides

Online Documents

Simple & Convenient, Cost Effective, Attorney Reviewed Documents.

Learn More Here

Recent Posts

06 May, 2024
As we journey through life, one inevitable truth is the process of aging. In the United States, this reality brings about a myriad of legal considerations and challenges, prompting individuals and families to seek guidance in the realm of elder law. From estate planning to long-term care, understanding the intricacies of elder law can greatly ease the burden of navigating the complexities of aging. In this blog, we explore some frequently asked questions about elder law and delve into the landscape of aging in America.
Show More
06 May, 2024
As we journey through life, one inevitable truth is the process of aging. In the United States, this reality brings about a myriad of legal considerations and challenges, prompting individuals and families to seek guidance in the realm of elder law. From estate planning to long-term care, understanding the intricacies of elder law can greatly ease the burden of navigating the complexities of aging. In this blog, we explore some frequently asked questions about elder law and delve into the landscape of aging in America.
By Madison Canada 29 Apr, 2024
Many people overlook the importance of ongoing estate planning, assuming a will or trust is adequate. However, this passive approach can bring costly consequences for both finances and family in the future.
19 Apr, 2024
Are you feeling overwhelmed by the complexities of Medicaid in Illinois and Missouri? You're not alone. Many people find themselves in a maze of regulations, paperwork, and confusing terminology when trying to access this vital healthcare program. In this blog post, we'll break down some of the key aspects of Medicaid and discuss why seeking help is essential for ensuring you get the benefits you deserve.
09 Apr, 2024
When it comes to estate planning, delaying action can have far-reaching consequences that extend well beyond our lifetimes.
08 Apr, 2024
If you don't have a plan in place for your assets, the state will step in to decide how they are distributed. While some may trust the state's judgment, it's important to recognize that it doesn't understand your individual circumstances, and the process can be both time-consuming and expensive.
04 Apr, 2024
Click HERE To View April Newsletter
More Posts
Share by: