At some point – if not during this pandemic, then perhaps the next – all countries will need to face tough questions: How should ventilators (and other resources, such as ICU beds, ICU staff, oxygen, etc.) be allocated and reallocated when they are in short supply? Attempts to answer these hard questions can be found in ICU triage protocols and ethical guidance documents, many developed rapidly amid the Covid-19 crisis. Many are based on the principle save the most lives. Unfortunately few have recognized the full range of legal rights that may be violated when a ventilator that is clinically indicated for a patient is (1) withheld or (2) withdrawn to help another patient. Patients’ legal rights matter. Currently they are not being given the attention they deserve. We set out 10 legal recommendations in the article. These are based on UK law, but are also relevant to other countries with similar legal system.