Deceased and Mentally-Incapacitated Adults

Proxy consent for Deceased and Mentally-Incapacitated Adults

 

​For HBR studies involving participants who have deceased, or adults who are mentally-incapacitated, such studies are subjected to additional requirements under HBRA Section 11 (for deceased participants) and Sections 7 and 9 (for adults for lack mental capacity).

A summary is provided below. 

​Class of Persons
​Additional Consent Requirements

​Deceased persons.

(Restricted HBR not allowed)

​Appropriate consent must be obtained from the following persons in the following order of priority:
  1. Spouse;
  2. Adult son or daughter;
  3. Parent or a guardian
  4. Adult brother or sister;
  5. Administrator or executor of the estate of the deceased person;
  6. Any other person authorised or under obligation to dispose of the body of the deceased person.

Please also note that Singapore has the Medical (Therapy, Education & Research) Act (MTERA) where people can pledge their organs or any body parts for the purposes of transplant, education or research after they pass away. 

​Adults who lack mental capacity to make a decision for self/give consent – Mental Capacity Act (Section 4 & 5).

(Restricted HBR not allowed)

For Research: Can recruit from this class of persons only if there are reasonable grounds to believe that biomedical research of comparable effectiveness cannot be carried out without the participation of this class of persons.

Removal/use of human tissue: Tissue can only be removed if it is primarily for a therapeutic or diagnostic purpose only.

Appropriate consent must be obtained from the following persons in the following order:

a) Authorised donee or deputy;
b) If there is no donee/deputy, from the following persons in this order of priority:

    1. Spouse;
    2. Adult son or daughter;
    3. Parent or a guardian
    4. Adult brother or sister;
    5. Any other person named by the adult as someone to be consulted on the matter in question or on matters of that kind.