Living Wills in Ireland

Liz Campbell, (Lecturer, University of Aberdeen School of Law) has recently posted on SSRN her article entitled The Case for Living Wills in Ireland.

Here is an abstract of her article:

Exceptionally difficult philosophical and ethical questions arise vis-à-vis living wills. By exploring these contentious issues, this article seeks to establish whether legislation providing for living wills should be enacted in the Irish context. At present, the relevant jurisprudence indicates that such documents would be respected by the Irish courts. Nevertheless, the complexity of the issue and the need for a specific delineation of the scope of these instruments suggest that legislation may be desirable in this regard. In considering whether legislation providing for the enactment of living wills should be introduced in Ireland, this article explores the conflict between the right to autonomy and best interests, the notion of personal identity, and the author’s lack of knowledge of future experience and interests.