In general it can be defined as a statement about the kind and extent of medical or surgical treatment you want in the future, on the assumption that you will not be able to make that decision at the relevant time. Sometimes the terms living will, advance statement, advance decision or advance refusal are used. Remember however, there are no precise definitions of these terms but they are all advance decisions about medical or surgical treatment. People usually make such directives to limit the treatment given in order not to prolong life, for example, a "Do Not Resuscitate" Order. Some people however make them in order to state that they want all possible treatments to be provided. It is unlikely that such a directive would be enforceable as it does not take account of the likely success of the treatment or of the costs involved.
There is no doubt that an advance directive is not enforceable if it specifies doing something which is illegal. For example, an advance directive stating that you want to be given medication which will hasten your death would not be enforceable. Withdrawal of treatment is not the same as positive action to end life. A directive which specifies the kind of treatment you want is unlikely to be enforceable, especially if it conflicts with the doctor's clinical decision. A directive is unlikely to be considered valid under circumstances which clearly were not envisaged when it was drawn up.
If a healthcare issue arises and the patient is incapable of making a decision, it is the practice to consult with next of kin. It is not clear what legal basis there is for this, as next of kin have no general right to make decisions on behalf of adults.
Medical ethics currently in force in Ireland state that consultation with next of kin is desirable if the patient is unable to make a decision or to communicate and provides for a second opinion if there is a difference of opinion between your family and the doctor.
Next of kin are (in order) spouses, children, parents, siblings. Partners have no legal status and may experience difficulties in seeing patients if family members object.
There is no doubt that an advance directive is not enforceable if it specifies doing something which is illegal. For example, an advance directive stating that you want to be given medication which will hasten your death would not be enforceable. Withdrawal of treatment is not the same as positive action to end life. A directive which specifies the kind of treatment you want is unlikely to be enforceable, especially if it conflicts with the doctor's clinical decision. A directive is unlikely to be considered valid under circumstances which clearly were not envisaged when it was drawn up.
If a healthcare issue arises and the patient is incapable of making a decision, it is the practice to consult with next of kin. It is not clear what legal basis there is for this, as next of kin have no general right to make decisions on behalf of adults.
Medical ethics currently in force in Ireland state that consultation with next of kin is desirable if the patient is unable to make a decision or to communicate and provides for a second opinion if there is a difference of opinion between your family and the doctor.
Next of kin are (in order) spouses, children, parents, siblings. Partners have no legal status and may experience difficulties in seeing patients if family members object.