What is an Advance Healthcare Directive in Ireland?
An Advance Healthcare Directive (AHD) is a written document in which you set out your wishes about medical treatment in advance, for a time when you may lack capacity to make or communicate those decisions. It is governed by Part 8 of the Assisted Decision-Making (Capacity) Act 2015, which commenced in April 2023.
What can an Advance Healthcare Directive cover in Ireland?
An AHD can specify that you refuse particular treatments — for example, refusing cardiopulmonary resuscitation (CPR), artificial ventilation, or artificial nutrition. You can also set out preferences for palliative care, pain management, and the general values that should guide your care. You cannot use an AHD to request euthanasia or assisted dying, which are not lawful in Ireland.
What are the formal requirements for a valid Advance Healthcare Directive in Ireland?
An AHD must be in writing, signed by you (or by another person at your direction if you cannot sign), and witnessed by at least one adult who is not your designated healthcare representative, your healthcare provider, or someone who stands to benefit financially from your death. A healthcare professional witness is recommended but not legally required.
Who is a designated healthcare representative under the 2015 Act?
A designated healthcare representative (DHR) is a person you appoint in your AHD to be consulted about your healthcare when you lack capacity. The DHR can also be given decision-making authority on your behalf if you expressly grant this. Your DHR must be a willing adult who is not your healthcare provider. Their appointment must be signed and witnessed.
Do I need to register my Advance Healthcare Directive with the Decision Support Service?
Registration with the Decision Support Service (DSS) at decisionsupportservice.ie is voluntary, not mandatory. However, registering your AHD makes it easier for healthcare professionals to locate and verify it in an emergency. The DSS maintains a register of AHDs and other decision-support arrangements under the 2015 Act.
When does an Advance Healthcare Directive take effect in Ireland?
An AHD takes effect when you lack capacity to make or communicate a decision about the specific treatment to which the directive relates. A healthcare professional must first assess your capacity before acting on an AHD. If you retain capacity, you can always make your own decisions and your AHD will not override your current wishes.
What is the difference between an Advance Healthcare Directive and an Enduring Power of Attorney in Ireland?
An Enduring Power of Attorney (EPA) primarily covers financial and property decisions made by an attorney on your behalf when you lack capacity. An AHD deals exclusively with personal medical and healthcare decisions. You can have both. If you want someone to make both financial and healthcare decisions for you, you need both an EPA and an AHD with a designated healthcare representative.
Can a healthcare professional refuse to follow my Advance Healthcare Directive in Ireland?
A healthcare professional can decline to follow an AHD on grounds of conscientious objection, but must refer you to another professional who will honour it. An AHD that refuses treatment must be followed unless the healthcare professional reasonably believes the directive does not apply to the current situation or that you had capacity when you changed your mind.
Do I need a solicitor to create an Advance Healthcare Directive in Ireland?
No. There is no legal requirement to involve a solicitor when creating an AHD under the Assisted Decision-Making (Capacity) Act 2015. The Decision Support Service provides guidance and template forms at decisionsupportservice.ie. You do, however, need to satisfy the formal requirements — writing, signature, and a qualifying witness.
How does uplaw.ai help with setting up an Advance Healthcare Directive in Ireland?
Tell uplaw.ai your wishes regarding medical treatment, who you want as your designated healthcare representative, and any specific treatments you wish to refuse or accept. uplaw.ai will help you draft a compliant AHD under the 2015 Act, including the correct signature and witness requirements, so it is ready to sign and register.
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