In the Republic of Ireland, it is now possible for individuals to express their wishes regarding future medical care through documents known as Advance Healthcare Directives (AHDs) or Living Wills. This option is especially important for situations where you may become unable to make or communicate decisions due to mental incapacity.
Legal Status and Framework
The Assisted Decision-Making (Capacity) Act 2015, which came into effect in April 2023, provides a legal framework for Advance Healthcare Directives in Ireland. This legislation clarifies the previously uncertain legal status of Living Wills, making them a legally recognised method for individuals to refuse specific medical treatments in advance. While AHDs are not yet universally legally binding, they are highly persuasive and generally respected by healthcare professionals, provided they comply with legal standards.
What a Living Will Can Include
A Living Will allows you to specify the types of medical or surgical treatment you wish to refuse in the future if you lose the ability to make decisions. For instance, you might state that you do not want to receive life-sustaining treatment like resuscitation or be placed on a ventilator. However, it is important to note that while you can request certain treatments, such requests are not legally binding, although your preferences must be considered by your medical team.
What a Living Will Cannot Include
It is crucial to understand that a Living Will cannot be used to request illegal treatments, such as euthanasia or assisted suicide. The directive must strictly adhere to legal and ethical standards, meaning it can only pertain to the refusal of lawful treatments.
Making a Living Will
If you are considering drafting a Living Will, it is advisable to consult both your solicitor and your doctor. Your solicitor can ensure that your directive is legally sound and reflective of your wishes, while your doctor can provide guidance based on your medical history and future healthcare needs.
We offer precedent Living Will documents that can be tailored to fit your specific circumstances. These documents help ensure that your healthcare preferences are clear and can be followed if you are no longer able to communicate them.
For more information or to discuss your specific needs, please contact our office to schedule a consultation.