Free Health Care Directive - Ireland

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Health Care Directive

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Frequently Asked Questions
Is my Health Care Directive legally enforceable?In Ireland, a Living Will or Health Directive is legally referred to as an Advance Healthcare Directive. If your Advance Healthcare Directive is properly executed and deals with any proposed treatment, it will be legally binding upon your doctors to follow your instructions.When will my Health Care Directive come into effect?An Advance Healthcare Directive will come into effect only if you lose capacity to make decisions.

A person lacks the capacity to make a decision if he or she is unable to:
  1. understand the information relevant to the decision,
  2. retain that information long enough to make a voluntary choice,
  3. use or weigh that information as part of the process of making the decision, or
  4. communicate his or her decision (whether by talking, writing, using sign language, assistive technology, or any other means).


Your Health Care Directive

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ADVANCE HEALTHCARE DIRECTIVE

An Advance Healthcare Directive (AHD) is a written statement made by a person who has reached the age of 18 years with capacity (the ability to understand, retain and use or weigh up the information in order to make a decision). It sets out preferences about treatment decisions that they do not want to receive in the future, if a time comes where they lack capacity to make such decisions or cannot communicate their decision by any means.

The Assisted Decision-Making (Capacity) Act 2015 was enacted in December 2015. While AHDs have been recognised in Ireland for many years, there was no law governing them and this led to confusion. The 2015 Act sets out the requirement for making a valid AHD.

AHDs mainly concern a person’s right to refuse treatment even if the refusal is considered by others to be unwise, made for non-medical reasons or may result in death provided that the person making the directive had the decision-making capacity at the time of making the AHD.

The 2015 Act provides that a request for specific treatment set out in an AHD is not legally binding (a person cannot demand treatment that is unnecessary) but it must be taken into consideration if it relates to treatment that is relevant to the medical condition of the maker of the advance healthcare directive.

If the AHD is valid and applicable to the specific treatment then doctors are legally bound to follow the AHD. An AHD can be revoked or altered in writing provided the person has the capacity to do so. Any alteration of an AHD must be signed and witnessed in the same manner as the original AHD.

An AHD also allows you to nominate a Designated Healthcare Representative. This is someone who you will authorise to interpret your AHD or to make healthcare decisions on your behalf. They can have as much authority as you decide to give them, up to and including the power to consent to/refuse life-sustaining treatment on your behalf.

There is no obligation to make an Advance Healthcare Directive. It is completely your decision. This section simply provides you with a space to record any preferences you may have in a way which will meet the requirements for a valid Advance Healthcare Directive.

Importantly, an Advance Healthcare Directive will come into effect only if you lose capacity and are unable to communicate your healthcare decisions.

This information should be shown to:
Family  [ X ]          GP, Nurse, Carer  [ X ]          Other  [     ]

SECTION 1: KEY INFORMATION (IN CASE OF EMERGENCY (ICE))
This section provides key information about you that can be used to inform your treatment and care in case of emergency.

1.1 Personal Information

Name:
____________________

Address:
____________________, _______________
County , Ireland

Phone number:
__________

 

Gender:
Male

Date of Birth:
3 September 2025

1.2 Emergency Contacts
Who would you like to be contacted in the event of an emergency?
It is important to name more than one person if possible, in case someone is not contactable. You may decide to nominate a family member, friend, your doctor or a neighbour as your contacts. It is very important that you tell them that you are naming them as your emergency contacts, and that you discuss what is involved with them.

Name:

Relationship:

Phone:

Address:

__________________

______________

__________

____________________, ____________________, County , Ireland

Have you been hospitalised for a serious illness in the last 5 years?
Yes  [     ]                    No  [ X ]

1.4 General Practitioner (GP)/Treating Doctor

Name:
____________________

Address:
____________________, _______________
County , Ireland

 

Phone:
__________

Email:
__________

1.5 Health Insurance Information
Do you have a medical card?
Yes  [ X ]                    No  [     ]

General Medical Services (GMS) Number:
(on the front of your card)
__________

Private Health Insurance
Do you have private Insurance?

Yes  [     ]                    No  [ X ]

Medications
If you are taking any ongoing medication, you can list those medications below. You might also consider asking your pharmacist to print a record of these on your next visit which you can staple to this page.

Please list all your current medications:
__________________________________________________________________________
               __________________________________________________________________________
               __________________________________________________________________________

SECTION 2: CARE PREFERENCES
This section provides key information about you that can be used to inform your treatment and care in case of emergency.

2.1 Care Preferences Information

Other Wishes

Think about the place you would most like to be cared for if you were nearing death.

Please indicate your first preference by putting the number ‘1’ beside that option. Likewise, please put the number ‘2’ beside your second preference, ‘3’ beside your third preference and so on.

Name of preferred hospice: __________________________________________

 

Home

Hospice

Hospital

Nursing Home

[1]

[2]

[3]

[4]

2.2 Designated Healthcare Representative
This section allows you to appoint a Designated Healthcare Representative if you wish. This person may be a trusted family member or a close friend, and will be able to speak for you if you lack the capacity to communicate your wishes. Therefore, it is important to speak to him or her regarding the care you would like or not wish to have.You do not have to appoint a representative and can merely set out your wishes in an Advance Healthcare Directive provided the formalities are followed, signed and witnessed by two persons.

If you decide to nominate a representative, they must be over 18 years of age, not someone who is caring for you in return for payment, and not someone who owns or works in a residential or healthcare facility where you are living. It is necessary for this person to sign the directive and confirm their willingness to carry out your wishes.

Your Designated Healthcare Representative

Name:
__________________

Relationship:
__________________

Address:
____________________, ____________________, County , Ireland

Phone:
__________

Email:
__________

I am willing to carry out the will and preferences of the directive-maker

________________________________________
Signature of designated healthcare representative

I have given my Designated Healthcare Representative the following authority:

[ X ]  Power to advise and interpret what my wishes are regarding treatment which I have set out in
         this AHD.
[ X ]  Power to ensure that the wishes I have expressed in this Advance Healthcare Directive are
         carried out based on my will and preferences according to my directive.
[ X ]  Power to consent to or refuse medical treatment on my behalf, up to and including
         life-sustaining treatment based on my will and preferences according to my directive.

2.3 Treatment Directions and End-Of-Life Decisions
Please state your directives with respect to life-sustaining treatment and cardiopulmonary
resuscitation (CPR) here. These wishes will have an impact if you become unable to take part effectively in decisions regarding your medical treatment.

Life-Sustaining Treatments
Life-sustaining treatment* is treatment which replaces, or supports, a bodily function which is not operating properly or failing. Where someone has a treatable condition, life sustaining treatments can be used temporarily until the body can resume its normal function again. However, sometimes the body will never regain that function.

If there is no prospect for my recovery:
[ X ]  I wish to have whatever life-sustaining treatments that my healthcare professionals may
         consider necessary and appropriate.

         OR

[     ]  I wish to have whatever life-sustaining treatments that my healthcare professionals may
         consider necessary unless this will require the following treatments, which I do not wish to
         receive, even if this refusal will result in my death:
         [     ]  Being placed on a mechanical ventilator/breathing machine
         [     ]  Dialysis
         [     ]  Artificial feeding intravenously
         [     ]  Artificial feeding through a tube in the nose (nasogastric tube)
         [     ]  Artificial feeding through a tube in the abdomen (PEG tube)

Cardiopulmonary Resuscitation* (CPR)
In order to make decisions regarding resuscitation preferences, it is important to discuss your health with your doctor as some conditions will not benefit from CPR.

Preference regarding CPR:

[     ]  I do NOT want CPR.

         OR

[ X ]  I would only like CPR attempted if my doctor believes it may be medically beneficial.

SECTION 3: ORGAN DONATION
Organ donation and transplantation currently saves the lives of between 200 and 250 people in Ireland every year. Each organ and/or tissue donor could save the lives of up to 8 people who are in the end-stage of organ failure.

Organs that are suitable for transplant are the heart, heart valves, kidneys, liver, lungs and pancreas. You may wish to donate all, or some, of these. Only those which have been specifically consented to are taken for transplantation.

It is advisable to inform your loved ones that you wish to donate organs as they may be consulted on this matter. If you do not wish to donate organs you should state this here (in ‘Other’ question).

Having a medical condition does not necessarily prevent you from becoming a donor, however, this will be decided by a healthcare professional on a case-by-case basis. It is advisable to inform your loved ones of your wishes in relation to organ donation as they may be consulted on this matter.

The removal of organs is carried out with the same care and respect as any other operation and organ donation does not disfigure the body or change the way it looks. Nor does it cause any delay to funeral arrangements.

Provided they are suitable for donation at the time, I would like to donate the following organs:
[     ]  Kidneys          [     ]  Liver          [     ]  Heart/Lungs          [     ]  Pancreas          [     ]  All

SECTION 4: SIGNING AND WITNESSING
This form must be signed by you and by 2 witnesses. Both of these people must be over 18, and at least one of them must not be a member of your family and preferably should not be your attorney or patient-designated healthcare representative.


____________________
Your Signature

____________________
Witness 1 Signature

____________________
Witness 2 Signature

 


____________________
Date

____________________
Date

____________________
Date

Your wishes may change over time. For this reason we strongly encourage you to review this part of the form annually or as often as is appropriate for you. Please also remember that if you do make any changes to your Advance Healthcare Directive, these must be witnessed in the same way as the original.

Last updated 15 August 2025

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Our template allows you to specify your healthcare preferences and appoint someone to make medical decisions for you

What is an Advance Healthcare Directive?

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An Advance Healthcare Directive is a legally binding document that determines the specific medical care you wish to receive if you can no longer make medical decisions for yourself. 

This document appoints someone called a healthcare representative to make medical decisions on your behalf.  Your representative can use your Advance Healthcare Directive to follow your wishes for medical care if you become incapacitated and cannot make those decisions yourself.

Doctors and healthcare workers commonly request this document to understand what treatments to provide during a medical emergency or end-of-life care. 

An Advance Healthcare Directive is sometimes referred to as a Living Will because, unlike a Last Will and Testament, it only applies when you’re alive. Another alternative name you may find for a directive is Medical Power of Attorney.

Why should I create an Advance Healthcare Directive?

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An Advance Healthcare Directive is a key part of estate planning. Doctors may ask if you have one in place when you’re about to begin treatment or go for surgery.

It gives you control when you cannot speak for yourself and saves your family from making tough choices on your behalf. Decisions you can make include your preferences for:

  • Life support
  • Cardiopulmonary resuscitation (CPR)
  • Place of care
  • Organ donation

When creating your Advance Healthcare Directive, you can discuss your medical decisions with your chosen representative so they can understand your choices and follow through with your instructions. 

If you have questions regarding Advance Directives or estate planning, contact a solicitor for more assistance. 

Who can make an Advance Healthcare Directive?

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Anyone who is at least 18 years old can make an Advance Healthcare Directive. Although many older people create directives, they’re important documents for every adult.

Unexpected medical situations and emergencies can occur at any age. Therefore, all adults should take the time to create an Advance Healthcare Directive while they have the capacity to do so. Once you’re incapacitated, you cannot make one.

When is an Advance Healthcare Directive used?

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An Advance Healthcare Directive only takes effect when you lose the capacity to communicate your wishes for medical treatment. A person lacks the capacity to make a decision if they’re unable to achieve any of the following actions:

  • Understand the information relevant to their decision
  • Retain information long enough to make a voluntary choice
  • Use or weigh information as part of the decision-making process
  • Communicate their decision by talking, using sign language, writing, or any other means

Incapacitation can happen in different circumstances, such as if you are persistently unconscious or in a vegetative state. Incapacitation can also be caused by advanced illness or severe injuries.

Is an Advance Healthcare Directive legally binding?

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An Advance Healthcare Directive is not necessarily legally binding but must be considered during the decision-making process under the Assisted Decision-Making (Capacity) Act 2015

This legislation provides a framework for supported decision-making, including people's ability to make legal agreements on how they want to be supported in their personal welfare. However, for refusal of treatment in your Advance Healthcare Directive to be effective, the following must be true:

  1. You must lack the capacity to consent to treatment
  2. Your refusal of treatment is clearly identified in a directive
  3. The circumstance for refusing treatment is clearly identified in your directive

Additionally, for your Advance Healthcare Directive to be valid, the document must:

  • Be made by someone 18 years of age or older with capacity
  • Be in writing
  • Contain your date of birth
  • Be signed by you and your healthcare representative, if you have appointed one
  • Have two witnesses present during the signing

If your directive doesn’t apply to your circumstances, it may not be used for your medical situation. Additionally, if your directive includes anything illegal (e.g., a request for assisted suicide), it cannot be carried out by your representative or medical personnel.

LawDepot’s questionnaire will only prompt you to include the necessary details to create a valid Advance Healthcare Directive in Ireland.

How do I write an Advance Healthcare Directive?

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LawDepot’s customisable Advance Healthcare Directive template allows you to make a directive for Ireland. Easily complete your document by following the steps below:

1. Choose who will see your document

First, determine who you will show your directive to. This can be your family, general practitioner (GP), nurse, carer, or others needing your document.

2. Include your information

Your document needs to include all your details, including information that needs to be valid. This includes:

  1. Gender
  2. Full name
  3. Date of birth
  4. Address
  5. Contact details

You’ll also need to include an emergency contact with their details and how they’re related to you.

3. Outline your medical information

Next, include all your necessary medical history and information. This consists of the following:

  • Allergies
  • Existing medical conditions
  • Ongoing medical conditions
  • Recent hospital visits
  • Your GP or treating doctor’s details

If applicable, you should add details about any current health insurance in your document.

4. If desired, name a representative

If you wish to name a healthcare representative, provide their full name, relationship, and contact details. You should also name an alternate representative in case your first choice cannot fulfil their duties.

Once you name your representative, specify the health care decisions they can make on your behalf. This can be:

  • Advising and interpreting your wishes for treatment as you state in your directive
  • Ensuring wishes are carried out as you outline your directive
  • Providing consent to or refuse medical treatment on your behalf up to and including life-sustaining treatment according to your directive

5. Add your treatment wishes

To help your representative and health care professionals, add all the details of what treatment you do or do not want. You can also document any friends or family you want present during conversations with your medical team. 

Outline the following wishes you have for:

  • Life-sustaining treatment
  • Cardiopulmonary resuscitation (CPR)
  • Specific treatment preferences
  • Places of care (e.g., hospice, nursing home, or hospital) 
  • Additional wishes (e.g., religious beliefs or rituals, specific requests for your final days)

You can also include any organ donations you may want to leave if you pass away.

Who can be a healthcare representative?

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A healthcare representative must be someone you know and trust to act on your behalf. They must be at least 18 years old and of sound mind.

People who cannot be your representative include:

  • Someone who has been convicted of an offence against your or your child
  • Someone who owns, works in, or is a registered provider of a designated centre or mental health facility where you live (unless they are your relative)
  • Provide paid personal care or healthcare services to you (unless they are your relative or their primary carer)

The role should be discussed with whoever you choose to be your representative to ensure they are up for fulfilling your medical decisions on your behalf. 

If they need to make decisions for you, they must record anything done with your Advance Healthcare Directive. They will then need to show this to you when you regain capacity, and the Decision Support Service may also request it.

Do I need witnesses when signing my Advance Healthcare Directive?

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Yes, two witnesses must be present when you sign your Advance Healthcare Directive. Witnesses must be 18 years of age or older and of sound mind. In Ireland, at least one witness cannot be a family member. 

Additionally, your healthcare representative cannot be a witness to the document, as they must also sign to acknowledge their role.

Can I change or revoke my Advance Healthcare Directive?

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Yes, you can change or revoke your Advance Healthcare Directive as long as you have the capacity to do so. You may wish to change your directive due to circumstances such as:

  • Changing your mind about specific treatments
  • Changes in your medical situation
  • Changes in your marital status

According to the Assisted Decision-Making (Capacity) Act 2015 Section 84 Part 7, you can revoke or change your directive following the legislative requirements. You must revoke your Advance Healthcare Directive in writing. Any changes to your directive must be in writing and signed by you and your healthcare representative with two witnesses present.

You should destroy the old document, and you’ll need to give your new one to whoever had your original one (e.g., medical staff, your GP, and your representative).

If you revoke your directive, you must do so in writing and inform everyone who has it on file.

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