Advance Healthcare Directives (AHDs)

Advance Healthcare Directives (AHDs) offer a way for people to voice their wishes about any medical treatment to cover situations where they may be incapacitated. For example, a patient might specify in an AHD that they do not wish to be resuscitated in certain circumstances.

Irish courts have not explicitly tested the validity of AHDs. However, references in a number of relevant cases indicate that an AHD will be legally binding if:

• A patient was mentally competent when he or she made the directive.
• The directive applies to the circumstances arising.

The Assisted Decision Making Capacity Act and Advance Healthcare Directives

The Assisted Decision Making Capacity Act 2015, when fully commenced, will oblige healthcare professionals to comply with a valid AHD – even if they disagree with the patient’s decision. If a professional is in any doubt about whether an AHD is valid, or applies to the situation, he or she must try to resolve the issue by consulting with a designated healthcare representative (if the patient has one) or the patient’s family and friends.

Solicitors should be aware that any directions in a valid AHD will take precedence over similar directions in an Enduring Power of Attorney (EPA). Marie Kinsella (a partner in ByrneWallace and a member of the Law Society’s Mental Health and Capacity Task Force) and Nicola Harrison (an associate in ByrneWallace) delve into these issues in detail in the November Gazette.

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