His family include five adult children, all of whom are available. Two of them think their father would want the feeding tube, two others think he would not want it, and one does not know what he would want. Her closest family members include three married children. One daughter lives in the same city, and the other two children live more than an hour away by car. When she is seen in the emergency department she is confused because of either respiratory failure or the toxic effects of an infection.
Blood analysis reveals significant hypoxemia and respiratory acidosis.
The attending physician wonders whether or not Mrs. P should be intubated. She has never required intubation before, and her hospital records give no instructions with regard to resuscitation. Mrs. P's daughter has just arrived and is waiting to talk to the physician. In theory, incapable patients have the same right to consent to diagnostic tests and treatments as do capable patients. In practice, however, incapable patients cannot exercise this right.