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Basic care, pain relief, and advance healthcare directives in Ireland

International Journal of Law and Psychiatry·August 24
PsychiatryLimited evidenceEnd-Of-Life CarePalliative CareLegal/Ethical AnalysisAdvance Healthcare DirectivePalliative / Symptom ManagementAdult

Summary

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What was studied

Using a hypothetical case study, this paper examines how advance healthcare directives (AHDs) that refuse basic care, pain relief, and palliative symptom management should be handled under Ireland's Assisted Decision-Making (Capacity) Act 2015 (ADMCA).

Key findings

The authors identify significant ambiguities within the ADMCA regarding refusal of palliative care and pain relief, and argue that even when a healthcare professional deems an AHD valid and applicable, cases involving refusal of palliative care warrant referral to court.

Study limitations

Analysis is based on a hypothetical case study rather than real patient cases, limiting direct clinical applicability. The paper is jurisdiction-specific (Ireland) and may not generalize to other legal frameworks.

Clinical implications

When an Irish patient's AHD refuses palliative care or pain relief, clinicians should consult the patient's decision-making representative or family and consider court referral even if the directive appears valid and applicable. Do not rely solely on definitional interpretations of 'basic care' — the full legislative framework must be assessed.

Related Questions

Explore related topics

How should clinicians respond when a patient's advance directive refuses palliative care or pain relief?What legal obligations do healthcare professionals have under Ireland's Assisted Decision-Making (Capacity) Act 2015?When should advance healthcare directive disputes be referred to court?

Publication Details

Year
2026
Journal
International Journal of Law and Psychiatry
Source
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