Dáil Éireann Debate, Thursday - 28 May 2026
748. Deputy Cormac Devlin asked the Minister for Health the current status of work to establish the Advance Healthcare Directive Register provided for under Part 8 of the Assisted Decision-Making (Capacity) Act 2015; the body which will have responsibility for maintaining the register; the expected date for its commencement; and if she will make a statement on the matter. [41418/26]
Amharc ar fhreagraPart 8 of the Assisted Decision Making (Capacity) Act 2015 provides the legislative framework for Advance Healthcare Directives (AHDs). An AHD is a statement made by a person with capacity setting out their will and preference in relation to healthcare and medical treatment decisions that may arise in the future, when they no longer have capacity.
To support those who wish to make an AHD, an approved template form which may be used or adapted is available on the websites of the Decision Support Service, the HSE and from Citizens Information sources. Guidance and further information on the making of a valid directive is also available
The Act provides that a Register of Advance Healthcare Directives may be established, and this will provide an additional means by which a person’s AHD is available to healthcare professionals where the circumstances arise. When established, the Register will be maintained by the Decision Support Service.
Further consideration and discussion is required in relation to the technical infrastructure required for such a Register. Work is still ongoing in this regard and the Department will continue to engage with stakeholders.
The registration of an AHD however is not linked to its validity. It was not considered legally necessary for such a Register to be established prior to commencement of Part 8 of the Act.
In order for an AHD to be valid, the Act establishes a number of minimum requirements. An AHD made by any person in any form is considered valid if it is in writing, and has been appropriately signed and witnessed, thus ensuring its accessibility in a wide range of circumstances.
Directive-makers are advised to provide a copy of their AHD to their GP and any other healthcare professional who may provide them with treatment. Additionally a person may appoint a trusted individual as their designated healthcare representative and nominate an alternate designated healthcare representative to assist in ensuring their AHD is followed.
The Code of Practice on Advance Healthcare Directives for Healthcare Professionals outlines how healthcare professionals should take all reasonably practicable steps to ascertain if a person has an AHD where a person lacks the capacity to make a healthcare treatment decision.
