Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-26T01:15:26.321Z Has data issue: false hasContentIssue false
  • English
  • Français

Mental capacity: legislation and medical treatment decisions in Ireland

Published online by Cambridge University Press:  13 June 2014

Vincent IO Agyapong  and
Margo Wrigley
Vincent IO Agyapong*
Affiliation:
St Vincent's University Hospital, Elm Park, Dublin 4, Ireland
Margo Wrigley
Affiliation:
Department of Old Age Psychiatry, Mater Hospital, Dublin 7, Ireland
*
*Correspondence [email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

This paper examines mental capacity legislation in Ireland and its implications for medical treatment decisions for people whose capacities are believed to be impaired. It draws on inferences from case laws and legislations in other jurisdictions and concludes that there is an urgent need for the enactment of appropriate mental capacity legislation in Ireland.

Keywords

Mental capacityLegislationCommon LawActHealthTreatment
Type
Reviews
Information
Irish Journal of Psychological Medicine , Volume 26 , Issue 1 , March 2009 , pp. 37 - 40
Copyright
Copyright © Cambridge University Press 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1. Capacity and the Convention: Report of NDA seminar on the draft UN Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 15th June 2006. http://www.nda.ie/cntmgmtnew.nsr70/D33CAC369C78E6BE802571C40045FECC/$File/UNSeminar03.htm (Accessed online January 1, 2008)Google Scholar
2. Guardianship: A New Structure for Vulnerable Adults, Law Reform Commission's Recommendations. Paper presented at the Law Reform Commission's Annual Conference 2005. www.lawreform.ie/Annual%20Conference%202005%20Papers.pdf (Accessed online January, 1 2008)Google Scholar
3.Non-Fatal Offences Against the Person Act, 1997; Irish Statute Books.Google Scholar
4.Diesfeld, K, Freckelton, IR. Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on civil Commitments. Ashgate Publishing Ltd, 2003Google Scholar
5.Mental Health Act 2001, Irish Statute BooksGoogle Scholar
6.Disability Act 2005, Irish Statute BooksGoogle Scholar
7.Child Care Act 1991, Irish Statute BooksGoogle Scholar
8.Criminal Law (Insanity) Act 2006, Irish Statute BooksGoogle Scholar
9. Five of the papers presented at the Law Reform Commission's Annual Conference 2005. Guardianship: A New Structure for Vulnerable Adults, www.lawreform.ie/Annual%20Conference%202005%20Papers.pdf (Accessed online January 1, 2008)Google Scholar
10.Lunacy Regulation (Ireland) Act 1871, Irish Statute BooksGoogle Scholar
11.Enduring Powers of Attorney Act 1996, Irish Statute BooksGoogle Scholar
12.Irish Law Updates. LRC Report on Vulnerable Adults and the Law. December 20, 2006. www.ucc.ie/law/irishlaw/blogger/2006/12/lrc-report-on-vulnerable-adults-and.html (Accessed online January 1, 2008)Google Scholar
13.In re a Ward of Court (withholding medical treatment) (No. 2) [1996] 2 I.R. 79Google Scholar
14. Medical Council Statement issued after meeting on August 4, 1995. – As in Anne- Marie O'Neill, 2004, Wards of Court in Ireland, First Law Limited,Google Scholar
15. Bord Altranais Statement issued on 08 18, 1995. – As in Anne-Marie O'Neill, 2004, Wards of Court in Ireland, First Law Limited,Google Scholar
16.Medicine, ethics and the Law. pp528. – As in Anne- Marie O'Neill, 2004, Wards of Court in Ireland, First Law LimitedGoogle Scholar
17.JM v The Board of Management of St Vincent's Hospital, (2003) 1 I.R. 321Google Scholar
18.Ms K v The Bord of Management of Coombe Women's Hospital. (2008) IEHC 104Google Scholar
19.Mental Capacity and Guardianship Bill 2007 [Seanad] [PMB] www.oireachtas.ie/viewdoc.asp?DoclD=6969&&CatlD=59 (Accessed online 01 1, 2008)Google Scholar
20.England and Wales Mental Capacity Act 2005Google Scholar
21.HLvUK, ECJ (Application No.45508/99)Google Scholar
22.The U.K Mental Health Act of 1983 (amended in 2007)Google Scholar
23.BMA. The Mental Capacity Act 2005 – Guidance for health professionals, April 2007 www.bma.org.uk/ap.nsf/Content/mencapact05 (Accessed online January 1, 2008)Google Scholar
24.The Protection of Personal and Property Rights Act 1988. www.courts.govt.nz/family/pdf-pamphlets/courts%20044.pdf (Accessed online January 1, 2008)Google Scholar
25.The Queen Street Outreach Society, (QSOS). Mental Health Laws in Ontario. www.qsos.ca/mha.html#5 (Accessed online January 1, 2008)Google Scholar