Mental capacity

An advance decision to refuse treatment (sometimes known as a living will) is a decision a person can make now to refuse a specific type of treatment at some time in the future.

The Mental Capacity Act was passed late in the last Assembly mandate and received Royal Assent on 9 May 2016. With it, Northern Ireland became the first jurisdiction in the world to fuse mental health and mental capacity law as first recommended by the Bamford Review in its legislative report published in 2007. Under the new law, it will no longer be possible to treat a person who retains capacity (for a particular treatment decision) against their will. This principle will apply to both contemporaneous and advance decisions to refuse treatment, and to treatment decisions regarding both physical and mental conditions.

Read More »Advance decisions to refuse treatment: Where are we now?