1. A substitute decision maker needs to be capable, willing, and available in order to make decisions for a resident.

2. 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.

3. A person is considered a resident's "spouse" only if that person is married to the resident.

4. If a resident never shared any wishes, a substitute decision maker can substitute their own wishes.

5. When equally ranked substitute decision makers disagree, the healthcare provider can go to the Public Guardian and Trustee for consent.

6. A health care provider can ask the Consent and Capacity Board to review a substitute decision maker's consent decision.

7. A substitute decision maker can ask the Consent and Capacity Board for permission to depart from a resident's known wish.

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

9. When making a treatment decision for a resident, a substitute decision maker must consider a resident's wishes before considering the resident's best interests.

10. If a resident has two equally ranked substitute decision makers, and one provides consent to treatment but the other refuses, the health care provider proposing treatment must wait for them to agree.