Cormac Devlin (Dún Laoghaire, Fianna Fail)
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2080. To ask the Minister for Health the number of advance healthcare directives submitted to the Decision Support Service, by month since April 2023; the number of decisions made each month in respect of such submissions, including any refusals, in tabular form; and if she will make a statement on the matter. [44615/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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An advance healthcare directive (AHD) is a statement made by a person with capacity setting out their will and preference in relation to healthcare and medical treatment decisions that may arise in the future, when they no longer have capacity to make such decisions.

The legislative framework for advance healthcare directives is set out in Part 8 of the Assisted Decision-Making (Capacity) Act 2015. While overall responsibility for this Act rests with the Minister for Children, Disability and Equality, it is my Department which is responsible for Part 8 and advance healthcare directives.

Advance healthcare directives are distinct from other support arrangements established by the Assisted Decision-Making (Capacity) Act 2015, in so far as there is no requirement on directive makers to submit a directive to the Decision Support Service in order for them to be valid. In order for an AHD to be valid, the Act establishes a number of minimum requirements, including that it is in writing, and appropriately signed and witnessed, thus ensuring they are accessible in a wide set of circumstances. Where a directive maker loses capacity, it is a decision for the treating healthcare professional as to whether the treatment decision(s) and circumstances arising are consistent with those as set out in the directive.

Consequently, the Decision Support Service has no responsibility for determining the validity or applicability of an advance healthcare directive and it is thus not possible to provide the information sought by the Deputy, as it does not exist.

Notwithstanding the above, a number of measures have been undertaken to assist persons in the making of a directive and ensuring that it is accessible when required. To support those who wish to make a directive, an approved template form which may be used or adapted is available on the websites of the Decision Support Service, the HSE and from Citizens Information sources. Directive makers are also advised to provide a copy of their directive to their GP and any other healthcare professional who may provide them with treatment. The Code of Practice on Advance Healthcare Directives for Healthcare Professionals outlines how healthcare professionals should take all reasonable practicable steps to ascertain if a person has an advance healthcare directive where a person lacks the capacity to make a healthcare treatment decision. Additionally a person may appoint a trusted individual as their designated healthcare representative and nominate an alternate designated healthcare representative to assist in ensuring a directive is followed.