HSE asks High Court to rule mentally ill woman's advanced healthcare directive invalid
The Health Service Executive has asked the High Court to rule that an advanced healthcare directive made last year under the Assisted Decision-Making Capacity Act 2015 is invalid, because the middle-aged woman who made it lacked capacity. The directive opposed her being treated with any type of psychiatric medication and was made shortly before she was admitted to a psychiatric unit. The HSE's case was put to the court on Friday, with counsel arguing that the medication is life-sustaining treatment. The hearing continues on Monday.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court22 Mar
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- The HSE has asked the High Court to declare an advanced healthcare directive made by a woman with a serious mental illness invalid.
- The directive opposed the woman being treated with any type of psychiatric medication.
- When
- The advanced healthcare directive was made last year, shortly before the woman was admitted to a psychiatric unit.
- Cause
- The HSE says the directive is invalid because the woman lacked capacity to make it.
- Other details
- The woman is middle-aged, has a 20-year history of mental illness, and has been an involuntary patient for some months.
- The HSE's counsel, Patricia Hill, said the directive cannot override the preservation of life.
- The HSE's evidence is that psychotropic medication amounts to life-sustaining treatment for the woman.
- The HSE says the woman would be at risk to her life if she is not treated with the medications, given her mental illness, physical health conditions and family medical history.
- In court
- The HSE's application was heard in the High Court and reported on 22 March 2026, with the court told on Friday.
- The Mental Health Commission is a notice party to the case.
- The hearing continues on Monday.
4 statements extracted from the articles
- whenThe AHD was made last year under the Assisted Decision-Making Capacity Act 2015 (irishtimes.com)
- courtThe Mental Health Commission is a notice party to the case (irishtimes.com)
- courtThe hearing continues on Monday (irishtimes.com)
- otherThe woman is middle-aged with a 20-year history of mental illness and has been an involuntary patient for some months (irishtimes.com)
The reporting
newest first- 22 Mar2026Mentally ill woman’s advanced healthcare directive is not valid, HSE tells court
First report of the HSE's application to the High Court regarding the validity of the woman's AHD; hearing ongoing with continuation scheduled for Monday.
victim, middle-aged, female