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Mental capacity: legislation and medical treatment decisions in Ireland

  • Vincent IO Agyapong (a1) and Margo Wrigley (a2)

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.

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Corresponding author

*Correspondence israelhans@hotmail.com

References

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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)
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)
3.Non-Fatal Offences Against the Person Act, 1997; Irish Statute Books.
4.Diesfeld, K, Freckelton, IR. Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on civil Commitments. Ashgate Publishing Ltd, 2003
5.Mental Health Act 2001, Irish Statute Books
6.Disability Act 2005, Irish Statute Books
7.Child Care Act 1991, Irish Statute Books
8.Criminal Law (Insanity) Act 2006, Irish Statute Books
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)
10.Lunacy Regulation (Ireland) Act 1871, Irish Statute Books
11.Enduring Powers of Attorney Act 1996, Irish Statute Books
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)
13.In re a Ward of Court (withholding medical treatment) (No. 2) [1996] 2 I.R. 79
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,
15. Bord Altranais Statement issued on 08 18, 1995. – As in Anne-Marie O'Neill, 2004, Wards of Court in Ireland, First Law Limited,
16.Medicine, ethics and the Law. pp528. – As in Anne- Marie O'Neill, 2004, Wards of Court in Ireland, First Law Limited
17.JM v The Board of Management of St Vincent's Hospital, (2003) 1 I.R. 321
18.Ms K v The Bord of Management of Coombe Women's Hospital. (2008) IEHC 104
19.Mental Capacity and Guardianship Bill 2007 [Seanad] [PMB] www.oireachtas.ie/viewdoc.asp?DoclD=6969&&CatlD=59 (Accessed online 01 1, 2008)
20.England and Wales Mental Capacity Act 2005
21.HLvUK, ECJ (Application No.45508/99)
22.The U.K Mental Health Act of 1983 (amended in 2007)
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)
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)
25.The Queen Street Outreach Society, (QSOS). Mental Health Laws in Ontario. www.qsos.ca/mha.html#5 (Accessed online January 1, 2008)

Keywords

Mental capacity: legislation and medical treatment decisions in Ireland

  • Vincent IO Agyapong (a1) and Margo Wrigley (a2)

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