Consultation Paper on Bioethics - Law Reform Commission

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CHAPTER 6 SUMMARY OF PROVISIONAL
RECOMMENDATIONS
6.01 The Commission‟s provisional recommendations in this <strong>Consultation</strong>
<strong>Paper</strong> may be summarised as follows:
6.02 The Commission provisionally recommends that the term “Advance
Care Directive” be adopted. [Paragraph 1.18]
6.03 The Commission provisionally recommends that negative advance
care directives only should be regarded as legally binding. [Paragraph 1.32]
6.04 An advance care directive is an advance indication of a person‟s
wishes that certain medical care is not to be given in the event that the patient
becomes incompetent. [Paragraph 1.33]
6.05 The Commission invites submissions on the status of “Do Not
Resituate” (DNR) orders. [Paragraph 1.47]
6.06 The Commission provisionally recommends that an advance care
directive cannot refuse actions concerning basic care. [Paragraph.1.52]
6.07 The Commission provisionally recommends that a healthcare proxy
may be appointed in an advance care directive. The functions of the healthcare
proxy should include:
Ensuring that the wishes as expressed by the author of the advance
care directive are followed.
<strong>Consultation</strong> with the medical professional if there is any ambiguity in
the advance care directive. [Paragraph 1.65]
6.08 The Commission provisionally recommends that advance care
directives be placed on a statutory footing. The Commission provisionally
recommends that a set of guidelines be drawn up to complement the legislative
framework. [Paragraph 2.48]
6.09 The Commission provisionally recommends that a refusal to consent
to treatment on religious grounds will in general (subject to constitutional
considerations) constitute a valid advance care directive. [Paragraph 2.64]
6.10 The Commission provisionally recommends that makers of advance
care directives should be encouraged to consult with a medical professional
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