Policies and Guidance

Who May Give Permission for Another?

Federal regulations governing research involving human participants define a legally authorized representative as an individual or judicial or other body authorized under applicable law to consent on behalf of a prospective participant to the participation in the procedure(s) involved in the research. 45CFR46.102(c) and 21CFR50.3(l)

Miss. Code Ann. §41-41-211

In accordance with Mississippi law regarding consent for treatment, when the primary physician determines that a patient lacks capacity to give consent the order of authority to provide consent on behalf of another adult or emancipated minor is as follows:

  • Heath care agent
  • Court-appointed guardian
  • Sspouse, unless legally separated
  • An adult child
  • A parent
  • An adult brother or sister

Miss. Code Ann. §41-41-203

Emancipated minor means an individual under the age of 18 who:

  • Is or has been married
  • Has been adjudicated generally emancipated by a court of competent jurisdiction
  • Has been adjudicated emancipated for the purpose of making health care decisions by a court of competent jurisdiction
  • Any female, regardless of age, may give consent for herself in connection with pregnancy or childbirth

Miss. Code Ann. §41-41-3

The order of authority to provide consent to treatment of an unemancipated minor is as follows:

  • The minor’s judicially appointed guardian or custodian
  • The minor’s parent
  • An adult brother or sister of the minor
  • The minor’s grandparent

Miss. Code Ann. §41-41-17

Mississippi law permits a parent or legal guardian to give permission for an unemancipated minor to participate in research. The child’s guardian is defined as a judicially appointed guardian or conservator having authority to make a health care decision for an individual.

Miss. Code Ann. §41-41-203

Note that federal regulations governing research involving vulnerable populations contain more specific requirements. For research involving pregnant women and/or fetuses, see 45CFR46.205.