Termination of life-sustaining medical treatment: who should exercise a patient's right to die?

Due to changes in the medical field introduced by the biotechnological revolution that enable physicians to prolong a patient's life artificially, courts are increasingly being called on to resolve disputes between the families of incompetent patients and the hospitals and medical personnel who are caring for them. This article discusses the significant court decisions involving the right to die and analyzes the various legislative responses to this issue. It concludes that an individual who desires to determine the timing of his or her own death should execute a living will, coupled with a durable power of attorney or proxy directive. This method is the best currently available to control medical care, even in the event of future incompetence.