Such a situation arose in Re Ward of Court (No. In very exceptional cases, the nature of a patient’s condition may entirely deprive them of the ability to give expression to any decision-making capacity. Where consent to particular forms of medical treatment, and the capacity to give that consent, arise, the issues of capacity and cognition are fundamental.
Speaking generally, the exercise of such rights by all citizens, whether in the private or public domain, is predicated upon, and informed by, clear understanding and cognition an ability and make decisions in one’s best interest having regard to the interests and rights of others.
A person suffering from such incapacity continues to enjoy individual rights such as the exercise of freewill, self-determination, freedom of choice, dignity and autonomy (see In Re Ward of Court (withholding medical treatment) (No. Protecting and vindicating the rights of vulnerable people suffering from mental incapacity poses challenges for legislators, courts, and especially the caring professions.Ģ. Justice John MacMenamin delivered on 29th day of July, 2011ġ. X.’ (A PERSON OF UNSOUND MIND NOT SO FOUND) REPRESENTED THE HEALTH SERVICE EXECUTIVE PLAINTIFF AND