1. Regulated health practitioners who find a resident incapable of making a treatment decision are required to follow their regulatory college's guidelines in providing information.

2. To be capable, a person must have the ability to understand information related to the treatment decision, and the ability to appreciate the consequences of their decision.

3. A resident can be incapable of making a particular treatment decision in the morning, and then capable of making the same decision in the afternoon.

4. Family can evaluate a resident’s capacity to make a particular health care decision.

5. A resident can be capable of making one decision and incapable of making another decision, at the same time.

6. If a resident is capable of making a particular treatment decision, he or she has no substitute decision maker for that decision.

7. A substitute decision maker can consent on a resident’s behalf, even if the resident is capable.

8. Capacity is to be presumed unless it is not reasonable to do so.

9. A resident's substitute decision maker can decide whether or not the resident is capable of making treatment decisions.

10. Health care providers are not responsible for ensuring that substitute decision makers are capable of providing consent.