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).

A resident must consent to a capacity evaluation.

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

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

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.

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

If a resident regains capacity, he or she can refuse consent to something his or her substitute decision maker previously consented to.

A resident with dementia cannot be capable of consenting to a treatment decision.

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

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