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. 

​Additional requirement
​Those who are deceased.

(Restricted research not allowed)

​Consent hierarchy: Spouse -> adult son/daughter -> either parent/guardian -> sibling -> administrator/executor -> person authorised to dispose body of the deceased person
​Those who lack capacity (Mental Capacity Act) to give consent. 

(Restricted research not allowed)

​1) Donee/deputy -> MTERA -> named person

MTERA: Medical (Therapy, Education & Research) Act

2) Research of comparable effectiveness cannot be carried out without the participation of this class of persons

3) Tissue removal: primary purpose must be for treatment (therapy/diagnosis)