Patient Consent and Capacity
Written in plain language for general understanding. This is educational content, not legal advice. Based on Irish Acts of the Oireachtas, statutory instruments, and official guidance.
Irish National Law
What is this right?
As a patient, you have the right to make your own decisions about medical treatment. Key principles:
- Informed consent: Before any treatment, your doctor must explain the nature of the treatment, the risks and benefits, and any alternatives. You must give voluntary, informed consent.
- Right to refuse: A competent adult can refuse any treatment, even life-saving treatment.
- Capacity: The Assisted Decision-Making (Capacity) Act 2015 (ADMCA) provides a modern framework. A person is presumed to have capacity unless shown otherwise.
- Advance Healthcare Directives: Under the ADMCA, you can make a legally binding directive refusing certain treatments in advance, in case you lose capacity in the future.
The Decision Support Service (DSS) within the Mental Health Commission oversees the new framework.
When does it apply?
- You are receiving or being offered medical treatment in any setting — hospital, GP, clinic, nursing home, or community care.
- The presumption of capacity applies to every adult — a person cannot be assumed to lack capacity because of age, disability, condition, or behaviour.
- If your capacity is in question, it must be assessed on a functional basis — relating to the specific decision at the specific time.
- Children (under 18) cannot generally give consent, though mature minors may have some decision-making rights.
What should you do?
- Ask questions — you have the right to all information about your condition and treatment options.
- If you want to make an Advance Healthcare Directive, you can do so at any time while you have capacity — it does not require a solicitor but must meet the ADMCA requirements.
- You can appoint a designated healthcare representative to make decisions on your behalf if you lose capacity.
- If you believe your consent rights were violated, you can make a complaint to the HSE, the hospital, or the Medical Council (for doctors).
What should you NOT do?
- Don't sign consent forms without understanding — ask for an explanation in plain language.
- Don't assume doctors can override your wishes — a competent adult's refusal is legally binding.
- Don't delay making an Advance Healthcare Directive if it matters to you — it can only be made while you have capacity.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.