- Page 1: ReportBIOETHICS:AD
- Page 4 and 5: LAW REFORM COMMISSION‘S ROLEThe L
- 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
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(3) Presumption in favour of preser
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2CHAPTER 2ADVANCE CARE DIRECTIVES,
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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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3.86 The Commission recommends that
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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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5.07 The Commission recommends that
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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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