Frequently Asked Questions
Is my Living Will 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 Living Will 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:- understand the information relevant to the decision,
- retain that information long enough to make a voluntary choice,
- use or weigh that information as part of the process of making the decision, or
- communicate his or her decision (whether by talking, writing, using sign language, assistive technology, or any other means).