There has been considerable criticism recently over the use of end-of-life pathways and do-not-resuscitate orders with vulnerable, incapable patients, often without discussion. This criticism has led to press and judicial scrutiny of the lawfulness of decisions to withdraw or withhold life-sustaining treatment. In this article, the author reviews the law and argues that flawed decision-making by doctors and nurses, rather than the actual end-of-life pathway or do-not-resuscitate order, is where the lawfulness of withdrawing and withholding treatment must be challenged.