1. Even if a resident is capable, informed consent for treatment must also be obtained from the person named in the resident's Power of Attorney for Personal Care document.

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

3. A person who has made a Power of Attorney for Personal Care document can no longer make his or her own treatment decisions.

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

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

6. Capacity can come and go over time.

7. The person proposing treatment is responsible for ensuring consent comes from a capable person (whether that person is the resident, or the substitute decision maker).

8. Capacity should be evaluated at the time that something is proposed - not before.

9. 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.

10. A resident is incapable of treatment decisions if they were incapable of admission to long-term care decisions.