Literature Review on Provision of Appropriate and Accessible ...

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• Account must be taken of a person’s past and present wishes,
where ascertainable.
• Account <strong>Literature</strong> must <strong>Review</strong> be taken on Provision of the views of Appropriate of any person and Accessible with an interest
Support to People with an Intellectual Disability who are
in the welfare of a person who lacks capacity, where these views
Experiencing Crisis Pregnancy
have been made known. [27] The Bill does not specify a hierarchy
of authority in this regard. It would therefore appear that a
health professional would need to take into account the views of
all of these people when considering treatment to be provided.
However, a health professional’s overriding duty is still to act in
the patients’ best interests. [28]
• Any act which is done or any decision made under this Bill for or
on behalf of a person who lacks capacity must be done or made
in her/his best interests.
2.5.2 Approach to decision-making
Protection from liability for those providing health care and treatment
Head 16 of the Scheme of Mental Capacity Bill [29] provides protection
from liability in certain circumstances for informal decision-making in
relation to a person who performs an act in connection with the personal
care, healthcare or treatment of another person whose decision-making
capacity is in doubt. Before a medical practitioner (or another person)
performs any act in connection with the personal care, health care or
treatment of another person whose decision-making capacity is in doubt,
she/he must have regard to the general principles and comply with the
following requirements:
1. Before doing the act, take reasonable steps to establish whether
the person lacks capacity in relation to the matter in question.
27 Section 4 of the Private Members’ Bill specifies who should be consulted,
including relatives, the primary carer, the person with whom he or she resides,
any person named as someone who should be consulted.
28 Elaine Healy, Beauchamps Solicitors, information accessed December 2008 at
http://www.imt.ie/opinion/2008/09/mental_capacity_bill_2008.html
29 There are equivalent provisions in Section 8 of the Private Members’ Bill.