Report on Bioethics: Advance Care Directives - Law Reform ...

More documents

Recommendations

Info

APPENDIX DRAFT MENTAL CAPACITY (ADVANCE CAREDIRECTIVES) BILL 2009 11In paragraph 1.63, the Commission recommends that the legislative frameworkfor advance care directives be placed within the wider context of reform of the lawon mental capacity in the Government‘s Scheme of a Mental Capacity Bill 2008.For this reason, this draft Bill has been prepared on the basis that it couldconstitute an additional Part of the Government‘s 2008 Scheme of a Bill.109
_______________________________DRAFT MENTAL CAPACITY (ADVANCE CARE DIRECTIVES) BILL 2009_______________________________ARRANGEMENT OF SECTIONS1. Short title and commencement 22. Interpretation3. Purpose and guiding principles4. Making an advance care directive, general scope and withdrawal5. Conditions and requirements for advance care directives6. Health care proxy7. Code of Practice on Advance Care Directives8. Powers of Court9. Criminal and civil liability10. Enduring powers of attorney and advance care directives2Section 1 would become redundant if this draft Bill is incorporated into theGovernment‘s Scheme of a Mental Capacity Bill 2008.110
Page 1:
ReportBIOETHICS:AD
Page 4 and 5:
LAW REFORM COMMISSION‘S ROLEThe L
Page 6 and 7:
LAW REFORM RESEARCH STAFFDirector o
Page 8 and 9:
CONTACT DETAILSFurther information
Page 10 and 11:
TABLE OF CONTENTSTable of Legislati
Page 12 and 13:
CHAPTER 4CONSEQUENCES OF ESTABLISHI
Page 15:
TABLE OF CASESAiredale NHS Trust v
Page 19 and 20:
advance care directives in the Unit
Page 22 and 23:
CHAPTER 1ORIGINS OF ADVANCE CARE DI
Page 24 and 25:
1.08 The second major development i
Page 26 and 27:
Refusal of treatments by pregnant w
Page 28 and 29:
we believe Karen‘s choice, if she
Page 30 and 31:
1995 English Law Commission <strong
Page 32 and 33:
a declaration that it would be lawf
Page 34 and 35:
Disabilities. 42 The draft Recommen
Page 36 and 37:
(5) The development of advance care
Page 38 and 39:
1.45 In the Supreme Court, Hamilton
Page 40 and 41:
when determining the capacity quest
Page 42 and 43:
(d)Current use of advance care dire
Page 44 and 45:
e upheld. Indeed, this conclusion f
Page 46 and 47:
services, the need for palliative c
Page 48 and 49:
ecommendations in this Repo
Page 50 and 51:
efusal of medical treatment, subjec
Page 52 and 53:
consents to or refuses medical trea
Page 54 and 55:
(2) Autonomy, dignity and privacy(a
Page 56 and 57:
(3) Presumption in favour of preser
Page 58 and 59:
2CHAPTER 2ADVANCE CARE DIRECTIVES,
Page 60 and 61:
2.07 The Commission recommends that
Page 62 and 63:
2.12 The Council of Europe‘s 2009
Page 64 and 65:
donor understands the effect of mak
Page 66 and 67:
should be referred to the High Cour
Page 68:
2.30 Another protection of importan
Page 71 and 72:
dentist 3psychologist 4social care
Page 73 and 74: should be defined to include, but i
Page 75 and 76: chemotherapy or dialysis, antibioti
Page 77 and 78: Similarly, Power argues that there
Page 79 and 80: assist either health care professio
Page 81 and 82: approach met with broad approval an
Page 83 and 84: Practice on Advance Care Directives
Page 85 and 86: 3.48 The Commission recommends that
Page 87 and 88: (other than charges and directions
Page 89 and 90: 3.64 The Commission concurs with th
Page 91 and 92: advance care directive involves a r
Page 93 and 94: eyond question that a court or a do
Page 95 and 96: close relationship that can exist b
Page 99 and 100: care directive. 105 The Commission
Page 101 and 102: the wishes or making their own deci
Page 103 and 104: sustaining treatment or whether the
Page 105 and 106: (b) for the guidance of persons, in
Page 107 and 108: omission.‖ 5 The Supreme Court in
Page 109 and 110: who acted in good faith could be pr
Page 111 and 112: or health professional cannot, for
Page 113 and 114: follow an advance care directive is
Page 115 and 116: the Board can erase the name of a n
Page 119 and 120: directive would be likely to be enf
Page 121 and 122: Ensuring that the wishes of the mak
Page 126 and 127: Mental Health Act 2001Powers of Att
Page 128 and 129: ―basic care‖ includes, but is n
Page 130 and 131: (3) The scope of an advance care di
Page 132 and 133: (ii) the name and address of that p
Page 134 and 135: (b) Without prejudice to section 5(
Page 136 and 137: paragraph 3.13 (palliative care), p
Page 138 and 139: Subsection (2) implements the recom
Page 140 and 141: www.lawreform.ie
show all

Report on Bioethics: Advance Care Directives - Law Reform ...

Create successful ePaper yourself

Delete template?

Save as template?