State Overview: Vermont

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Below is information on Vermont state law on whether a Legally Authorized Representative (LAR) can consent to research on behalf of another adult and, if so, who is eligible to be a LAR.

According to Vermont state law, the following individuals can serve as a LAR and consent to research on behalf of an adult with intellectual disability:

Healthcare proxy, if research participation is included in the Advance Directives Agreement.
If the person has an advanced directives agreement that includes research participation, the health care proxy retains the power to consent to research even if the person is subject to guardianship. However, a court order may authorize otherwise.

Vermont’s laws on guardianship and surrogacy do not explicitly include consent to research participation among the powers that may be granted to a guardian or surrogate. This means:

The adult subject to guardianship retains the right to consent to research, unless the right was specifically restricted otherwise in the court order
A plenary (full) guardian may be able to consent ONLY if “medical or dental treatment” are interpreted to include research per court decisions. Consult with your IRB about relevant court decisions or other policies in your institution about this issue.
Limited guardians can only consent to research if explicitly included in the court order

Vermont’s surrogacy laws do not mention consent to research.

State Law	Overview
Guardianship	Vermont’s plenary (full) guardian law does not explicitly include consent to research participation among the powers that may be granted to guardians. The adult subject to guardianship retains the right to consent to research, unless the right was specifically restricted otherwise in the court order Limited guardians can only consent to research if explicitly included in the court order For more on person in need of guardianship, and possible scope of a guardian’s power – 14 V.S.A. § 3069  14 V.S.A. § 3075 Consent for Medical or Dental Treatment
Healthcare proxy, advanced directives, and surrogacy laws	For Vermont’s advance directive law, including surrogate decision-making (18 V.S.A. § 9731): The statute does not specify the power to consent for research A surrogate decision is limited to a do-not resuscitate order or clinician order for life-sustaining treatment.

State Law

Overview

Guardianship

Vermont’s plenary (full) guardian law does not explicitly include consent to research participation among the powers that may be granted to guardians.

The adult subject to guardianship retains the right to consent to research, unless the right was specifically restricted otherwise in the court order

Limited guardians can only consent to research if explicitly included in the court order

For more on person in need of guardianship, and possible scope of a guardian’s power – 14 V.S.A. § 3069 

14 V.S.A. § 3075 Consent for Medical or Dental Treatment 

Healthcare proxy, advanced directives, and surrogacy laws

For Vermont’s advance directive law, including surrogate decision-making (18 V.S.A. § 9731):

The statute does not specify the power to consent for research
A surrogate decision is limited to a do-not resuscitate order or clinician order for life-sustaining treatment.

Consult with your Institutional Review Board (IRB) and/or legal counsel to ensure compliance with state laws, relevant court decisions, and organizational policies.

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