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Medical powers of attorney are authorised by the Consent to Medical Treatment and Palliative Care Act, 1995.
The Act places very heavy duties on you as a medical agent:
you are authorised, subject to any conditions and directions contained in the medical power of attorney, to make decisions about the medical treatment of the grantor if he is incapable of making those decisions himself;
you must exercise your powers in accordance with any lawful conditions and directions contained in the medical power of attorney;
you must exercise your powers consistently with any anticipatory direction given by the grantor under Section 7 of the Act or under the repealed Natural Death Act, 1983;
subject to the requirements of b. and c., you must exercise your powers in what you genuinely believe to be the best interests of the grantor.
Irrespective of the terms of the medical power of attorney, you are not allowed to refuse:
the natural provision or natural administration of food and water; or
the administration of drugs to relieve pain or distress; or
medical treatment that would result in the grantor regaining the capacity to make his own decisions about his treatment, unless he is in the terminal phase of a terminal illness.
You are only entitled to exercise your powers as medical agent if:
you produce a copy of the medical power of attorney to the treating doctor;
- you are not disqualified from acting (you will be disqualified if you become, in a professional or administrative capacity, directly or indirectly responsible for or involved in the medical care or treatment of the grantor);
- you are of full legal capacity.
The Supreme Court has power under the Act, in certain circumstances, to review a decision made by you as a medical agent. The Court may confirm, cancel, vary or reverse your decision and may give such advice and directions as it considers desirable in the circumstances.
It is an offence to induce a person, by dishonesty or undue influence, to execute a medical power of attorney. It is also an offence to purport to act as a medical agent when you know that the relevant medical power of attorney has been revoked. Conviction will result in the forfeiture of any interest that you may otherwise have had in the grantor's estate.
The Act does not authorise the administration of medical treatment for the purpose of causing the death of the patient, nor does it authorise a person to assist the suicide of another.