Can my attorney for personal care consent to me participating in medical research?

Medical research consent in Ontario is a specialized area with additional ethical and legal requirements that go beyond ordinary health care consent.

Under Ontario's Health Care Consent Act, a substitute decision-maker — including an attorney for personal care — generally cannot consent to research participation on behalf of an incapable person unless specific conditions are met. Research consent for incapable persons is subject to the oversight of a Research Ethics Board (REB), and most regulated research in Ontario requires that incapable persons not be enrolled unless the research meets specific criteria: that it cannot be conducted with capable participants alone, that the risk is minimal, and that there is a reasonable prospect of benefit to the person.

Even where these conditions are met, the attorney must be satisfied that the person, if capable, would likely have consented to participating in similar research. An attorney cannot consent to research participation based purely on the public good or scientific value of the study if that conflicts with what the incapable person would have wanted.

If you have strong views about participating in — or refusing to participate in — medical research, document those views in your wishes document. Health care providers and researchers are generally required to take such prior capable expressions seriously, and your attorney can use your documented wishes to guide their decision.