Without a living will, the removal of life support is typically a matter of medical judgment that the chance of a recovery is remote. There is no hard and fast rule or defining number of days for when such a determination is made.

Without a living will and healthcare power of attorney, the usually a “close family member” can approve the removal of life support from a patient in a state of permanent unconsciousness without court approval and without a written advanced healthcare declaration, as long as at least two doctors qualified to evaluate the patient’s condition first certify in writing that the individual is in a permanent vegetative state. This is called the “substituted judgment rule.”  The close family member would generally be the wife, then children.