Developing a Legal Framework for Advance Healthcare Planning: Comparing England & Wales and Ireland. 2017

Mary Donnelly

This article examines the legislative frameworks for advance healthcare planning in England & Wales (the Mental Capacity Act 2005) and in Ireland (the Assisted Decision-Making (Capacity) Act 2015), undertaking a comparative analysis of each measure, with particular focus on the detail of the approaches taken. It is only through this kind of detailed focus that the normative choices made by legislation can fully be understood and evaluated. The article argues that, in several respects, possibly because the drafters were able to reflect lessons learned from other jurisdictions, the Assisted Decision-Making (Capacity) Act 2015 provides a more rounded and complete form of advance healthcare planning than that provided by the Mental Capacity Act. This is on the basis that it provides more protection for patient choice; better potential for delivery on the choices made; and a more appropriate balance between formalities and enforceability.

UI MeSH Term Description Entries
D007494 Ireland A country in western Europe, occupying five-sixths of the island of Ireland in the North Atlantic Ocean, west of Great Britain. The capital is Dublin. Eire,Ireland, Republic of,Irish Free State
D004739 England A part of Great Britain within the United Kingdom.
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D014852 Wales A region of the United Kingdom, in the southwestern area of Great Britain.
D016743 Mental Competency The ability to understand the nature and effect of the act in which the individual is engaged. (From Black's Law Dictionary, 6th ed). Competency, Mental,Incompetency, Mental,Competence,Incompetence, Mental,Mental Competence,Competence, Mental,Mental Incompetence,Mental Incompetency
D032722 Advance Care Planning Discussions with patients and/or their representatives about the goals and desired direction of the patient's care, particularly end-of-life care, in the event that the patient is or becomes incompetent to make decisions. Advance Health Care Planning,Advance Medical Planning,Medical Planning, Advance,Planning, Advance Medical

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