Literature Review on Provision of Appropriate and Accessible ...

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Some women with intellectual disability are deemed to have the
necessary capacity to consent to treatment, others are deemed as
lacking capacity to consent to treatment. It is the responsibility of the
relevant medical <strong>Literature</strong> practitioner <strong>Review</strong> on to Provision ensure that of Appropriate a person has and capacity Accessible to
make a healthcare Support decision to People (LRC, with an 2005). Intellectual According Disability to the who Law are Reform
Commission Experiencing the area of Crisis assessment Pregnancy of capacity to make healthcare
decisions is fraught with uncertainty (LRC 2006: 31). Issues surrounding
women’s capacity to consent to medical treatment and how capacity is
assessed are discussed in Section 2.8.
Where a woman is deemed to be lacking the capacity to consent to
treatment legal provisions come into force to allow others to make
decisions on behalf of the woman.
2.4.1 Legal framework governing capacity in Ireland
General principles concerning capacity
In Ireland, under the current law, there is a presumption that once
a person reaches 18 they have the legal capacity required to make
decisions affecting their lives. The equality guarantee under Article 40.1
permits the State in its laws to have regard to differences in capacity
provided that it does not create invidious discrimination. There are no
generally applicable definitions of capacity at common law or in statute.
The major limitation on capacity relates to minors. Section 2 of the Age of
Majority Act, 1985 provides that persons under 18 who have not married
are minors in law and generally do not have legal capacity. Parents are
generally the joint legal guardian and while the child is under 18 have the
legal capacity to make decisions affecting the child’s welfare.
Wards of court system
Currently in Ireland, the Wards of Court system, which is centred in
the High Court, is the primary mechanism for managing the affairs of
of probabilities. In determining what is in a person’s best interest, Head 3 of the
Scheme of the Mental Capacity and Guardianship Bill 2008 provides that the
person must, as far as is reasonably practicable, be permitted to participate, or to
improve his/her ability to participate, as fully as possible in any act done for him/
her and any decision affecting him/her.