Final answer:
In the absence of a living will or durable power of attorney, the decision to withdraw treatment for a comatose or mentally incompetent patient is typically made by a family member or close relative. If there is disagreement or no family members available, the decision may be made by a court-appointed guardian or medical ethics committee.
Step-by-step explanation:
In the case of a comatose or mentally incompetent patient who does not have a living will or durable power of attorney, the decision of whether to withdraw treatment can be complex. In these situations, legal and ethical guidelines are followed.
Typically, the decision-making authority is given to a family member or a close relative, with priority given to the spouse and adult children. If there is no family or if the family members cannot agree, the decision may be made by a court-appointed guardian or by a medical ethics committee.
For example, in the case of Terri Schiavo, a legal battle ensued between her husband and parents over the decision to remove her feeding tube. Ultimately, the courts decided to uphold her husband's decision as her legal guardian.