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

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CHAPTER 4CONSEQUENCES OF ESTABLISHING ASTATUTORY FRAMEWORK 91A Introduction 91B Implications for following an advance care directive 91C Disregarding an advance care directive 92(1) Current law 92(2) Proposed statutory framework 94(3) Conclusion 97D Consequences for failing to follow an advance caredirective 97(1) Health Act 2004 98(2) Professional Misconduct 98CHAPTER 5 SUMMARY OF RECOMMENDATIONS 101APPENDIXDRAFT MENTAL CAPACITY(ADVANCE CARE DIRECTIVES) BILL 2009 111x
TABLE OF LEGISLATIONAct on the Status and Rights of Patients 1992 785/1992 FinAdvance Medical Directive Act 1996 No. 16 of 1996 SingHealth Act 2004 No. 42 of 2004 IrlHealth and Social Care Professionals Act 2005 No. 27 of 2005 IrlLunacy Regulation (Ireland) Act 1871 1871, c. 22 IrlMedical Practitioners Act 2007 No. 25 of 2007 IrlMental Capacity Act 2005 2005, c.9 EngNon-Fatal Offences Against the Person Act 1997 No. 26 of 1997 IrlNurses Act 1985 No. 18 of 1985 IrlPowers of Attorney Act 1996 No. 12 of 1996 IrlPowers of Attorney Act 1998 (Qld) 1998 AusSuccession Act 1965 No. 27 of 1965 Irlxi
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 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
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2.12 The Council of Europe‘s 2009
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donor understands the effect of mak
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should be referred to the High Cour
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2.30 Another protection of importan
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dentist 3psychologist 4social care
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should be defined to include, but i
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chemotherapy or dialysis, antibioti
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Similarly, Power argues that there
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assist either health care professio
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approach met with broad approval an
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Practice on Advance Care Directives
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3.48 The Commission recommends that
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(other than charges and directions
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3.64 The Commission concurs with th
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advance care directive involves a r
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eyond question that a court or a do
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close relationship that can exist b
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care directive. 105 The Commission
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the wishes or making their own deci
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sustaining treatment or whether the
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(b) for the guidance of persons, in
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omission.‖ 5 The Supreme Court in
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who acted in good faith could be pr
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or health professional cannot, for
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follow an advance care directive is
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the Board can erase the name of a n
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directive would be likely to be enf
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Ensuring that the wishes of the mak
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APPENDIX DRAFT MENTAL CAPACITY (ADV
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Mental Health Act 2001Powers of Att
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―basic care‖ includes, but is n
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(3) The scope of an advance care di
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(ii) the name and address of that p
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(b) Without prejudice to section 5(
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paragraph 3.13 (palliative care), p
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Subsection (2) implements the recom
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