Consultation Paper on Bioethics - Law Reform Commission

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(4) Professional Regulation 139 C Statutory framework for implementation of advance care directives 141 (1) Ireland 141 (2) England and Wales 142 (3) Australia 144 (4) Conclusions 148 CHAPTER 6 SUMMARY OF PROVISIONAL RECOMMENDATIONS 151 xii
TABLE OF LEGISLATION Advance Medical Directive Act 1996 No. 16 of 1996 Sing Age of Legal Capacity (Scotland) Act 1991 1991, c.50 Scot Age of Majority Act 1985 No. 2 of 1985 Irl Consent to Medical Treatment and Palliative Care Act 1995 (SA) xiii 1995 Aus Control of Clinical Trials Act 1987 No. 28 of 1987 Irl Criminal Justice (Theft and Fraud Offences) Act 2001 No.50 of 2001 Irl Family Law Reform Act 1969 1969, c.46 Eng Guardianship and Administration Act 2000 (Qld) 2000 Aus Health Act 1953 No. 26 of 1953 Irl Health Act 2005 No. 546 of 2005 Den Health Care Consent Act SO 1996 1996, c. 2 Can Health Care Directives Act CCSM 1993 1993, c. H-27 Can Healthcare (Consent) and Care Facility (Admission) Act RSBC 1996 1996, c. 181 Can Medical Practitioners Act 2007 No. 25 of 2007 Irl Medical Treatment (Health Directions) Act 2006 2006 Aus Medical Treatment Act 1988 (Vic) 1988 Aus Medical Treatment Act 1994 (ACT) 1994 Aus Mental Capacity Act 2005 2005, c.9 Eng Mental Health (Care and Treatment) (Scotlaand) Act 2003 2003 asp 13 Scot Mental Health Act 2007 2007, c. 12 Eng Natural Death Act 1988 (NT) 1988 Aus Non-Fatal Offences Against the Person Act 1997 No. 26 of 1997 Irl Powers of Attorney Act 1996 No. 12 of 1996 Irl Powers of Attorney Act 1998 (Qld) 1998 Aus Succession Act 1965 No. 27 of 1965 Irl
Page 1: BIOETHICS: ADVANCE CARE DIRECTIVES
Page 4 and 5: LAW REFORM COMMISSION‟S ROLE The
Page 6 and 7: LAW REFORM RESEARCH STAFF Director
Page 8 and 9: CONTACT DETAILS Further information
Page 11 and 12: TABLE OF CONTENTS INTRODUCTION 1 A
Page 13: CHAPTER 4 FORMALITIES FOR ADVANCE C
Page 17 and 18: TABLE OF CASES Airedale NHS Trust v
Page 19: Re B (adult: refusal of medical tre
Page 22 and 23: The Commission therefore confined i
Page 24 and 25: whether current criminal law on hom
Page 26 and 27: discussing whether an advance care
Page 28 and 29: “(a) at a later time and in such
Page 30 and 31: holiness I will pass my life and pr
Page 32 and 33: 1.14 In other words, the Law Commis
Page 34 and 35: two Houses of Parliament. Many of t
Page 36 and 37: Example 4: “I do not wish to rece
Page 38 and 39: common law and under Articles 2, 3
Page 40 and 41: patient. 53 It acknowledged that pa
Page 42 and 43: Therefore, a person can state that
Page 44 and 45: the doctrine of informed consent be
Page 46 and 47: Where there is no benefit in restar
Page 48 and 49: leave the matter to be decided by t
Page 50 and 51: address the situation or may be so
Page 52 and 53: is at least in theory no routine as
Page 55 and 56: 2 CHAPTER 2 LEGAL BASIS FOR THE REC
Page 57 and 58: the principle that „the doctor kn
Page 59 and 60: treatment, such as the withdrawal o
Page 61 and 62: “the law on consent to medical tr
Page 63 and 64: C United States of America (1) Re Q
Page 65 and 66:
expressed wishes” regarding medic
Page 67 and 68:
D The English legal position (1) Th
Page 69 and 70:
compliance. Second, legislation cou
Page 71 and 72:
ecommendations of the Law Commissio
Page 73 and 74:
F Hong Kong 2.37 The Law Reform Com
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nutrition and hydration would only
Page 77 and 78:
e reflected in the rules or framewo
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example, refuse a blood transfusion
Page 81 and 82:
2.54 In North Western Health Board
Page 83 and 84:
to the religious convictions of par
Page 85 and 86:
As one of Jehovah‟s Witnesses wit
Page 87 and 88:
3 CHAPTER 3 INFORMED DECISION MAKIN
Page 89 and 90:
the context allows the patient to v
Page 91 and 92:
treatment was not legally binding o
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to consult with a healthcare profes
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(3) Assessing capacity (a) England
Page 97 and 98:
that a person will not be regarded
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She held that Ms K‟s clinicians h
Page 101 and 102:
Capacity to Make Healthcare Decisio
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effective as it would be if he were
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competent child can consent to trea
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Manitoba, a person must be over 16.
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4.03 The decision in W Healthcare N
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a clear note of the decision, the t
Page 114 and 115:
signed by the maker of the advance
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including babies, the elderly and p
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“…a health care or long-term ca
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E Prescribed form 4.34 In certain j
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4.41 The scope of section 25(2)(c)
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These provisions are also considera
Page 126 and 127:
she had been sufficiently informed
Page 128 and 129:
4.53 Australian statutes have dealt
Page 130 and 131:
settings. The health care provider
Page 132 and 133:
4.64 In early living will statutes
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condition in an advance directive p
Page 136 and 137:
(3) Intention to revoke 4.76 A numb
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unjustifiable gravy train for lawye
Page 140 and 141:
4.87 There are some registries for
Page 142 and 143:
“If an act resulting in death is
Page 144 and 145:
(a) directly or indirectly applies
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not covered under this act. 22 The
Page 148 and 149:
the enormous difficulty plaintiffs
Page 150 and 151:
“[a] physician who treats a patie
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law review article in 1986. Althoug
Page 154 and 155:
ubella, her child was born with a d
Page 156 and 157:
cause of action in light of the ave
Page 158 and 159:
that right. 92 In Educational Compa
Page 160 and 161:
purposes as tort law, may still ser
Page 162 and 163:
the 1987 Act contains a presumption
Page 164 and 165:
The Code of Practice cites a number
Page 166 and 167:
the change in circumstances is such
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(b) the recognised ethical standard
Page 171 and 172:
6 CHAPTER 6 SUMMARY OF PROVISIONAL
Page 173:
6.19 The Commission provisionally r
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