 This opposition seems to interpret “presumed consent” ascriptions as meaning: Presumably, the patient has given actual (albeit tacit) consent. The opponents seem right on point: it goes too far to assume that, just because a patient fails to carry in her pocket a directive forbidding care or organ harvesting in the event of an emergency or death, she is consenting. However, on a different interpretation, presumed consent ascriptions mean: Presumably, the patient would have consented to the intervention if, under the current circumstances, she were decisionally-capacitated. A possible ground for such counterfactual ascriptions is that there is no special information that indicates that the patient would not consent, and most people would consent. This interpretation seems to sidestep the difficulty.