What a directive can do
Under Part 8 of the Act, an adult with capacity can make an advance healthcare directive (AHD): a statement of treatment decisions to apply if they later lack capacity to consent. A refusal of treatment in an AHD is legally binding if the directive is valid and applicable to the situation that arises — including refusals of life-sustaining treatment, where the formalities are stricter. A request for specific treatment is not binding but must be taken into account. The directive can also appoint a designated healthcare representative — a person with power to interpret the directive and, where the AHD says so, to consent or refuse on your behalf within its terms.
Making one that works
- In writing, signed and witnessed in accordance with the Act — and refusals of life-sustaining treatment must be explicit on the point
- Specific enough to apply — "no heroic measures" invites interpretation; named treatments and named circumstances bind. Clinical input while drafting is worth more than elegant prose
- A representative who knows your mind — the appointment is only as good as the conversations behind it
- Findable — tell your GP, your family and your representative where it is; an unknown directive protects nobody
- Reviewed — restate it as health and views evolve; a directive that contradicts your recent expressed wishes invites dispute at the bedside
Limits and interactions
An AHD governs the treatments and circumstances it covers — it is not a general power over welfare or money, and specific rules govern areas like basic care, palliative relief and treatment under mental health legislation. It sits alongside the Act's other instruments rather than replacing them: many people pair an AHD (healthcare) with arrangements for property and affairs — see the comparison guide. We draft and review directives, brief representatives on the role, and advise families and clinicians when a directive meets a real decision.
How our fees work
You get a fixed quote in writing before any work starts — no hourly-rate surprises. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How costs work in capacity matters →
Frequently asked questions
Is an advance healthcare directive legally binding in Ireland?
A valid, applicable refusal of treatment is binding — clinicians must honour it as if the person refused contemporaneously. Requests for treatment are not binding but must be considered. Validity and applicability are where drafting quality decides outcomes.
Can my directive refuse resuscitation?
Yes — refusals can extend to life-sustaining treatment, provided the directive meets the stricter formalities and states clearly that the refusal applies even where life is at risk. Precision about circumstances is essential.
Who should I appoint as my healthcare representative?
Someone who knows your values, can stand firm in a hospital corridor, and accepts the role's limits — interpreting and advocating your directive, not substituting their own views. Appoint an alternate too; the moment may come when your first choice cannot act.
Talk to a solicitor who works with families through capacity law every week. Call Mary Molloy Solicitors today.
Whether you are planning ahead, facing a capacity application, or simply unsure which arrangement your family needs, an early conversation costs little and prevents a lot.
📞 Call 01 5827148Try the Decision Support Pathway Finder
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