Manuel B. Garcia

Manuel B. Garcia serves as the Senior Director for Educational Technology and Digital Learning at FEU Institute of Technology, Manila, Philippines. Read More

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What Is a Legally Authorized Representative, and When Can One Give Permission for Research?

A legally authorized representative is a person or other legally recognized body authorized under applicable law to consent to specified research participation on behalf of someone else. Who qualifies as an LAR and when that authority applies depend on the jurisdiction and research procedures involved.

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Legally Authorized Representatives in Research Guide 153 of 398
01 · The Question

Who exactly counts as a legally authorized representative?

Research protocols frequently say that consent may be obtained from the participant "or their legally authorized representative." That phrase can sound as though everyone already knows who the representative is.

In practice, this is where things become jurisdiction-specific. Is it the spouse? The adult child? Someone holding healthcare power of attorney? A court-appointed guardian? Another person identified by local law?

The answer cannot be supplied by the acronym LAR itself. A legally authorized representative is defined by legal authority, and both the source and scope of that authority matter.

02 · The Short Answer

An LAR is defined by applicable law, not simply by relationship to the participant

In Brief

A legally authorized representative, or LAR, is an individual or judicial or other body authorized under applicable law to consent on behalf of a prospective participant to that person's participation in the procedures involved in the research.

An LAR may provide permission when the participant cannot provide the required legally effective consent and representative consent is permitted for the research. Who qualifies depends on the law governing the study and the scope of the proposed research procedures, so researchers should not assume that the nearest relative, caregiver, or healthcare proxy automatically qualifies.

03 · What You Need to Know

The word "legally" does most of the work in LAR

HHS and FDA use closely aligned definitions

Under the U.S. Common Rule, an LAR is an individual or judicial or other body authorized under applicable law to consent on behalf of a prospective participant to participation in the procedures involved in the research. FDA defines the term similarly for clinical investigations.

ICH E6(R3) uses the term legally acceptable representative, defined as an individual or juridical or other body authorized under applicable law to consent on behalf of a prospective participant to participation in the clinical trial.

Legally authorized representative The terminology used in U.S. HHS and FDA frameworks for a representative authorized under applicable law to provide research consent on another person's behalf.
Legally acceptable representative The corresponding terminology used in ICH E6(R3) for clinical trials, likewise grounded in authority under applicable law.

The exact terminology varies, but researchers should always verify the definition used by the framework governing their study.

Who qualifies as an LAR depends on applicable law

OHRP states explicitly that the identity of an LAR is determined by the laws of the jurisdiction in which the research is conducted. Some jurisdictions have statutes, regulations, or case law specifically addressing research consent by another person. Others do not.

Where research-specific law is absent, OHRP notes that laws governing consent to medical treatment or particular medical procedures may sometimes provide a reasonable legal basis for determining who can consent to the research procedures involved. IRBs may need legal counsel when making that determination.

Watch Out

Do not build a universal hierarchy such as spouse, then adult child, then sibling unless the law and institutional procedure governing your research actually establish that hierarchy. Rules from one jurisdiction should not be copied into another simply because they seem familiar.

An LAR is not simply the participant's next of kin

Next-of-kin status and legal research-consent authority may overlap, but they are not synonymous.

A spouse may qualify under applicable law. An adult child may qualify. A guardian or another appointed decision-maker may qualify. But none of those conclusions can be made universally from the relationship label alone.

Similarly, an emergency contact is simply someone designated for contact unless some separate legal authority applies. Listing a person on a hospital form does not automatically authorize that person to enroll the patient in research.

A healthcare proxy or power of attorney requires attention to scope

A person may hold authority to make healthcare decisions for someone else. Whether that authority extends to research participation can depend on the wording of the instrument and applicable law.

OHRP emphasizes that the representative must be authorized under applicable law to consent to the prospective participant's participation in the procedures involved in the research.

The question is therefore not merely whether a document called a power of attorney exists. Researchers and institutions may need to determine whether the authority it grants covers the decision at issue.

A guardian's authority may also have limits

Court-appointed guardianship can vary in scope. One guardian may have broad authority over personal or healthcare decisions; another may have authority restricted to financial matters or particular decisions.

Researchers should therefore follow institutional procedures for verifying both the existence and scope of guardianship rather than treating the word "guardian" as automatically dispositive.

An LAR becomes relevant because the participant cannot provide the required consent

The existence of a possible LAR does not mean researchers should automatically obtain consent from that person.

If the prospective participant has adequate capacity to provide their own legally effective consent, their decision should ordinarily be sought directly. OHRP states that LAR consent becomes relevant when an adult lacks capacity to consent, subject to applicable law and any authorized waiver of informed consent.

This makes the prior question of assessing the participant's consent capacity particularly important.

Having an LAR does not make every study ethically appropriate

Representative permission is one safeguard. It is not a universal ethical license to enroll people who cannot consent for themselves.

Research involving participants with impaired decision-making capacity may require additional protections based on the applicable regulations, ethics framework, risk, expected benefit, scientific necessity, and participant population.

The 2024 Declaration of Helsinki, for example, places conditions on medical research involving people incapable of giving free and informed consent and requires legally authorized representative consent while also addressing assent, dissent, and circumstances in which research with that population is permissible.

An LAR's signature therefore answers only part of the ethical question.

The LAR must receive the informed consent information

FDA regulations require consent information given to the participant or representative to be understandable and consent to be sought under circumstances providing sufficient opportunity to consider participation while minimizing coercion or undue influence.

ICH E6(R3) similarly defines informed consent as a process in which the participant or legally acceptable representative voluntarily confirms willingness to participate after being informed and given an opportunity to discuss aspects of the trial relevant to the decision.

The LAR therefore needs an actual informed consent process. Handing a relative a signature page after saying "the patient cannot consent" is not enough.

The participant still has a role

Representative consent should not unnecessarily displace the participant from the decision. A person who lacks full consent capacity may still understand some study information, express preferences, assent, or object.

Research frameworks vary in their precise requirements, but ethically the participant should generally be involved to the extent possible. The Declaration of Helsinki requires assent from participants incapable of giving free and informed consent when they are able to assent and states that dissent should be respected.

This becomes especially important if the participant and representative disagree about participation.

The LAR's authority is tied to the participant's need for representation

If a participant regains or develops adequate consent capacity, the basis for relying on representative consent can disappear.

OHRP states that when a participant regains or develops capacity to consent, the participant's own consent must be obtained for further research because the LAR's consent is no longer valid as a substitute.

Research involving temporary or fluctuating incapacity should therefore plan for reassessment and reconsent rather than assuming the LAR remains the decision-maker indefinitely.

An LAR is different from a witness

A witness does not ordinarily make the participation decision. The witness observes or attests to aspects of the consent process required by a particular procedure.

For example, ICH E6(R3) requires an impartial witness during the informed consent discussion when the participant or legally acceptable representative cannot read. The witness attests to the consent process; the participant or representative remains the decision-maker.

LAR Has legal authority, when applicable, to make the research participation decision on behalf of the prospective participant.
Witness Observes or attests to specified aspects of the consent process but does not acquire decision-making authority merely by witnessing it.

An LAR is also different from an interpreter

An interpreter facilitates communication. They do not become legally authorized to decide for the participant merely because they translate the consent discussion.

A relative could theoretically occupy more than one role if the governing framework permits it, but researchers should establish each role separately rather than allowing "family member" to become an all-purpose category for interpreter, witness, and decision-maker.

Children usually involve parental permission rather than ordinary adult LAR rules

Under HHS regulations governing research involving children, permission of parents or guardians and assent of children are addressed through child-specific requirements. OHRP defines children according to the legal age for consent to the treatments or procedures involved in the research under applicable jurisdictional law.

Researchers should therefore use the framework applicable to the participant population rather than referring generically to every person making a decision for someone else as an LAR.

04 · A Practical Example

Why identifying the LAR requires more than asking who the closest relative is

Hypothetical Example

Two relatives both want to make the research decision

A prospective participant lacks the capacity required to consent to a clinical study. Their spouse and adult child are both present. The adult child says they handle most of the participant's medical appointments, while the spouse assumes marriage automatically makes them the LAR.

1. Confirm that representative consent is appropriate The participant's lack of adequate consent capacity is established using the study's approved procedure.
2. Do not ask the family to choose the LAR The research team follows institutional procedures for determining who has authority under the law governing the research.
3. Examine any relevant legal documentation If a healthcare proxy, guardianship order, advance directive, or other legal instrument exists, its validity and scope are assessed according to institutional procedure.
4. Apply the appropriate legal hierarchy or authority The person who qualifies under the governing framework is identified rather than selected according to convenience or who appears more involved in the participant's care.
5. Conduct the consent process The authorized representative receives the relevant research information, asks questions, and makes the decision on the participant's behalf.
6. Include the participant The participant receives information appropriate to their abilities and any meaningful assent or dissent is handled according to the protocol and applicable requirements.

The research team did not decide which relative seemed more responsible. It identified who actually possessed the authority required for the research decision.

05 · What Researchers Often Get Wrong

Common misconceptions about legally authorized representatives

Misconception

The spouse is automatically the LAR

Not universally. Who qualifies depends on applicable law and the relevant research procedures. A spouse may qualify in some circumstances, but researchers should not assume a universal hierarchy.

Misconception

The participant's emergency contact is the LAR

Emergency-contact status ordinarily identifies whom to contact; it does not itself establish authority to authorize research. Separate legal authority is needed.

Misconception

A healthcare power of attorney always covers research

The scope of authority depends on the legal instrument and applicable law. Researchers should verify whether the representative is authorized to consent to the procedures involved in the research rather than relying on the document's title alone.

Misconception

Once an LAR is identified, the participant no longer needs to be involved

The participant should remain involved to the extent possible. Assent, dissent, preferences, and changes in capacity can remain ethically and procedurally important.

Misconception

An LAR can continue deciding even after the participant regains capacity

OHRP states that if the participant regains or develops capacity to consent, their own consent must be obtained for further research and the LAR's consent no longer serves as the substitute.

Misconception

If the LAR signs, the study is automatically ethically appropriate

Representative consent is only one protection. Research involving people unable to consent may be subject to additional ethical, regulatory, scientific, risk, assent, and dissent requirements.

06 · What This Means for You

Define the LAR pathway before you need to use it

If your study could enroll people unable to provide their own consent, the protocol should not merely say "obtain consent from the LAR." Researchers need an operational process for determining who qualifies.

A practical LAR framework

If the participant has adequate capacity
Obtain informed consent directly from the participant rather than defaulting to an available representative.
If the participant lacks the required capacity
Verify that the study permits representative consent and identify the applicable law governing LAR authority.
If several relatives could potentially qualify
Apply the legal and institutional procedure rather than allowing the family or research team to invent its own hierarchy.
If a proxy, guardianship order, or other legal document exists
Verify its validity and whether its scope covers the research participation decision at issue.
If the participant can assent or express preferences
Include the participant and follow applicable requirements concerning assent and dissent.
If capacity may return
Reassess as planned and obtain the participant's own consent when they can again make the research decision.

Because LAR rules are jurisdiction-specific, institutions conducting research across multiple states or countries may need different procedures at different sites. "Our hospital usually accepts the spouse" is not a substitute for determining what law actually permits.

07 · A Quick Checklist

Before accepting consent from an LAR

Before the representative signs, check:
Confirm that the participant cannot provide the required legally effective consent at this time.
Verify that representative consent is permitted for the study and participant population.
Identify the law of the jurisdiction governing who may serve as the representative.
Verify the representative's identity, legal basis, and scope of authority using the institution's approved procedure.
Do not assume that spouse, next-of-kin, caregiver, emergency-contact, guardian, or healthcare-proxy status automatically answers the research-consent question.
Provide the LAR with the complete informed consent process required for the research.
Provide the participant with information appropriate to their abilities and address assent or dissent as required.
Document representative authority and consent according to the approved protocol and institutional requirements.
Reassess the participant when capacity may return and obtain their own consent when required.
08 · Frequently Asked Questions

Questions about legally authorized representatives

Who can be a legally authorized representative?

Under HHS and FDA regulations, the representative must be an individual or other legally recognized body authorized under applicable law to consent on behalf of the prospective participant to the relevant research procedures. The specific person who qualifies therefore depends on the jurisdiction and circumstances.

Is the next of kin automatically the LAR?

No universal rule makes next-of-kin status sufficient. Applicable law may establish a hierarchy involving relatives in some jurisdictions, but researchers should verify the law and institutional procedure governing the study.

Is a healthcare proxy automatically an LAR for research?

Not necessarily. Whether the person's authority extends to research depends on applicable law and the scope of the legal instrument. The institution may need to verify that the proxy is authorized for the procedures involved in the research.

Can a court-appointed guardian serve as the LAR?

Potentially, depending on the guardian's legally granted authority and applicable law. Guardianship orders can vary in scope, so the title alone should not be assumed to authorize every research decision.

Does the LAR sign the informed consent form?

When the applicable consent procedure requires documented representative consent, the LAR signs the consent documentation in the participant's place according to the governing regulations and approved procedure. FDA and HHS frameworks both provide for consent documentation by the participant or LAR.

Can the LAR withdraw the participant from research?

The representative's authority concerning continued participation and withdrawal depends on applicable law and the research framework. ICH E6(R3), for example, applies relevant consent and withdrawal activities to the legally acceptable representative when that representative provides consent on behalf of the participant.

What happens if the participant and LAR disagree?

The appropriate response depends on the participant's capacity, whether the participant is expressing assent or dissent, the study's risks and potential benefits, applicable law, and the approved protocol. Researchers should not assume that identifying an LAR automatically resolves every disagreement.

Does an LAR remain the decision-maker if the participant regains capacity?

Under OHRP guidance, no. If the participant regains or develops capacity to consent, their own consent must be obtained for further research because the LAR's consent is no longer valid as the substitute for the participant's decision.

09 · The Bottom Line

An LAR's authority comes from law, not proximity to the participant

The Bottom Line

A legally authorized representative is a person or other legally recognized body authorized under applicable law to consent to specified research participation on behalf of a prospective participant who cannot provide the required consent themselves.

Do not assume that the spouse, closest relative, caregiver, healthcare proxy, or guardian automatically qualifies. Verify the applicable law and scope of authority, conduct a genuine informed consent process with the representative, continue involving the participant as much as possible, and return the decision to the participant if they regain the capacity required to make it.

10 · Sources and Further Reading

Authoritative guidance on legally authorized representatives

11 · Cite this Guide

How to Cite This Guide

This guide is intended to be read, shared, and used in research, teaching, and academic work. If you draw on its ideas, explanations, or other content, please acknowledge the source by citing the guide. Doing so gives appropriate credit and helps your readers locate the original resource.

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