1. Capable residents have the right to refuse treatment - even if health care providers think it would be beneficial, or life-saving.

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

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

4. 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.

5. 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.

6. 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.

7. A resident must consent to a capacity evaluation.

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

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

10. 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).