Consultation Paper on Bioethics - Law Reform Commission

TABLE OF CONTENTS
INTRODUCTION 1
A Background to the project 1
B Introduction to advance care directives 2
C The absence of a legal framework 3
D Scope of the project 3
E Outline of this <strong>Consultation</strong> <strong>Paper</strong> 5
CHAPTER 1 ORIGINS AND NATURE OF ADVANCE CARE
DIRECTIVES 7
A Introduction 7
B Definition 7
C The origin of advance care directives 8
D Terminology 11
E Scope of advance care directives 13
(1) Homicide, euthanasia, assisted suicide 13
(2) Negative advance care directives v positive
advance care directives 14
(3) What forms of treatment can be refused in an
advance care directive? 21
(4) What forms of treatment cannot be refused in an
advance care directive 26
F Healthcare Proxy 29
(1) Instructional directives 29
(2) Appointing a person to carry out advance care
directives 29
(3) Combination directives 32
(4) Healthcare Proxy 33
CHAPTER 2 LEGAL BASIS FOR THE RECOGNITION OF
ADVANCE CARE DIRECTIVES 35
A Introduction 35
B The Irish legal position 35
(1) Constitutional right to refuse treatment 35
(2) Re a Ward of Court (No 2) 37
(3) Commission‟s Recommendations 38
(4) Irish Medical Council 39
(5) Next of kin 40
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