eConsent · Surrogate consentUpdated October 10, 2026

Legally authorized representative consent: sign for the participant, on the record

When a participant cannot give consent themselves, someone with legal authority signs for them. Capture supports a Legally Authorized Representative (LAR) signature in the same eConsent workflow, with email one-time code verification, investigator countersignature and an exportable signed PDF.

  • LAR signature support
  • Optional witness co-signature
  • Countersignature before Fully Executed

Free sandbox · No credit card · 21 CFR Part 11 aligned

Surrogate consent · demo study, subject 003-0008
  1. Consent form sent to the LAR

    Secure link by email

  2. LAR signs on screen

    Name and relationship to participant recorded

  3. Email one-time code confirmed

    Two-step verification

  4. 4

    Investigator countersigns

    Password re-entered, meaning statement shown

  5. 5

    Fully Executed

    Signed PDF with audit trail

Demo data. The document is Fully Executed only after countersignature.

LAR consent in brief

  • A legally authorized representative consents on behalf of a prospective participant who cannot consent for themselves. Who qualifies is set by law and by the ethics committee, not by the software.
  • In Capture the LAR signs the consent form in the same eConsent workflow as a participant, and the LAR name and relationship to the participant are recorded as part of the signature record.
  • The signature is verified with an email one-time code, linked by hash to the exact text signed, and followed by an investigator countersignature. Only then is the document Fully Executed.
  • An optional witness co-signature can be added when the process calls for one, for example when the LAR cannot read the form.
  • Capture records the signature. The capacity assessment, the check that the person is the right LAR, and the participant’s own assent where required remain site responsibilities, documented in source.

LAR

signature supported in the eConsent workflow

2-step

signature verification with email one-time code

Hashed

signature linked to the exact document text

Free

sandbox to test the full signing flow, no time limit

The concept

Who is a legally authorized representative, and why it matters

Informed consent belongs to the participant. Some prospective participants cannot give it: adults who lack decision-making capacity because of dementia, stroke, severe mental illness or critical illness, and children below the age of consent. The regulations let someone else consent for them, provided the law gives that person the authority. US FDA rules call this person a legally authorized representative, defined in general terms as an individual or body authorised under applicable law to consent on behalf of a prospective subject. ICH E6 says legally acceptable representative. The EU Clinical Trials Regulation, Regulation (EU) 536/2014, says legally designated representative and deals with incapacitated adults in Article 31 and minors in Article 32.

The consequence is that the list of eligible people is not universal. In the United States state law decides, and many states have a hierarchy such as a court-appointed guardian, a health care agent, a spouse, an adult child, then a parent or sibling. In EU member states national law decides, and Article 29 of the Regulation leaves room for national rules that go further. A multi-country study therefore needs a country-specific description of who may sign, written into the protocol or the site’s consent SOP and approved by the relevant ethics committee. Software cannot know which family member qualifies, so it should not pretend to.

What software can do is make the result unambiguous. A reviewer opening the file years later should see who signed, in what capacity, for which participant, on which version of the document, and who countersigned. That is exactly what paper consent forms often leave unclear when the “relationship” box is blank or the signature is illegible. The electronic signatures page explains the controls behind each signature, and the eConsent overview shows the full workflow.

In Capture

The LAR signs like a participant would, and the record says who they are

The consent document is sent by secure link. The LAR reads it in a browser on a phone, tablet or computer, with no app to install. They sign on screen, acknowledge the legal-binding statement for electronic signatures and confirm with a one-time code sent by email. The signature record carries the LAR’s name and relationship to the participant.

  • On-screen signature, then two-step verification with a mandatory email one-time code.
  • The signature is cryptographically linked to the exact document content at the time of signing.
  • Optional witness co-signature in the same workflow.
  • Investigator countersignature with password re-authentication and a meaning statement.
  • Signed PDF export with signature data, timestamps and audit trail.
Consent record · demo study
consent-v2.0-subject-003-0008.pdf3/5 complete
  1. 1

    Participant

    Cannot consent: LAR signs

    Complete
  2. 2

    LAR signature

    Name, relationship, time, one-time code verified

    Complete
  3. 3

    Witness co-signature

    Optional, if the process requires one

    To do
  4. 4

    Investigator countersignature

    Pending

    Draft
  5. 5

    Audit trail and document hash

    Complete
Demo data, not a real participant

Responsibilities

What the site decides and what Capture records

The signature is the last step of a longer process. This table separates the parts that need human judgement from the parts a system can make traceable.

StepWho is responsibleWhere it lives
Decide the participant lacks capacity or is a minorInvestigator or delegate, per protocol and lawMedical record or source note
Identify the person who may legally consentSite, using the country or state hierarchy approved by the ethics committeeSource note, optionally a field on the enrolment eCRF
Explain the study to the LAR and to the participant as far as possiblePerson conducting the discussionConsent discussion note
Sign the consent form as LARLARCapture eConsent signature record
Co-sign if a witness was neededWitnessCapture eConsent, optional co-signature
CountersignInvestigator or authorised site staffCapture eConsent, password re-authentication
Seek the participant’s own consent if capacity returnsInvestigatorA new consent signed by the participant, per local process

Capture does not currently provide a dedicated re-consent workflow, so a participant who regains capacity signs a fresh consent through the normal eConsent flow, as the site’s SOP directs.

Test a surrogate signature end to end

Create a consent form, run the signing flow including countersignature, and inspect the audit trail in the free sandbox. No credit card, no time limit.

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Setting it up

A workable LAR consent process in five steps

  1. 1

    Write the rule into the protocol

    State when a LAR may consent, who qualifies in each country or state, and what the ethics committee has approved. Link it to your informed consent form so the wording matches.

  2. 2

    Build the consent form once

    Start from a consent template, such as the basic clinical trial consent template, and write the LAR-facing language: the LAR is being asked to decide what the participant would want, not only what they themselves prefer.

  3. 3

    Record the capacity decision in source

    The investigator documents the assessment in the medical record. Optionally add an enrolment eCRF field for “consent given by” (participant or LAR) so it exports with the data.

  4. 4

    Run the signing, then countersign

    The LAR signs and verifies by email code; a witness co-signs if needed; the investigator countersigns after review. Pending countersignatures are visible in the consent status view.

  5. 5

    Keep the PDF with the file

    Export the signed PDF with its embedded signature data and audit trail for the investigator site file, and give the LAR a copy as the regulations require.

Be clear about the limits

What Capture does not do for surrogate consent

Capture does not decide who is a valid LAR, does not check identity documents, and does not assess capacity. Those are clinical and legal judgements, and a form field that appeared to settle them would be false assurance. Video consent, multilingual consent documents and a dedicated re-consent push are also not available today, so studies that need them should plan the process outside the tool.

If the LAR is not present at the site, remote signing by secure link works with the email one-time code, but ethics committees differ on how the discussion with a remote surrogate must be documented. Agree it in advance and describe it in the consent SOP. For the general model of signing away from the site, see remote patient consent, and for the cohort-level view see eConsent software for clinical trials.

Audit readiness

What an inspector will want to see on a LAR consent

Basis for using a LAR

Capacity or age documented in source before the consent was taken.

LAR identity and authority

Name and relationship recorded in the signature record; supporting evidence of authority held per site SOP.

Version signed

Document hash ties the signature to the exact consent text and version.

Order and timing

Consent signed before any study procedure; timestamps in the audit trail show it.

Countersignature

Investigator countersignature with a meaning statement; status shown as Fully Executed.

Copy to the LAR

Signed PDF provided and the hand-over noted in source.

FAQ

Questions teams ask before they switch

Something not covered here? Ask us directly.

Can a legally authorized representative sign consent in Capture?

Yes. eConsent supports a Legally Authorized Representative signature for participants who cannot consent for themselves. The LAR name and relationship to the participant are recorded as part of the signature record.

What is the difference between a LAR and a legally designated representative?

They describe the same idea under different regimes. US FDA rules say legally authorized representative, ICH E6 says legally acceptable representative, and the EU Clinical Trials Regulation says legally designated representative. Who qualifies depends on state or national law.

Does Capture verify that the person is a valid LAR?

No. The site decides who may legally consent, following the protocol, the law and the ethics committee approval. Capture records who signed and in what capacity, and the signature is verified with an email one-time code.

Can a witness also sign a LAR consent?

Yes. Witness co-signature is optional in the same workflow, for example where the LAR cannot read the form and the process requires an impartial witness.

Is a LAR signature legally binding in the electronic workflow?

Signers acknowledge the legal-binding statement for electronic signatures before signing, and the signature is verified, hashed to the document and countersigned. Whether an electronic consent is acceptable for your study is decided by the protocol, the regulator and the ethics committee.

What if the participant regains capacity?

The investigator follows the consent SOP and seeks the participant’s own consent. In Capture that is a new consent signed by the participant through the normal flow. There is no dedicated re-consent workflow today.

Can the LAR sign remotely?

Yes. The LAR receives a secure link by email and signs in a browser, then confirms with a one-time code. Confirm with your ethics committee how a remote discussion with a surrogate must be documented.

Can I try the signing flow without paying?

Yes. The free sandbox includes eConsent with the full signing workflow, including countersignature and the audit trail. There is no credit card and no time limit.

Make surrogate consent traceable from the first signature

Build the consent form, run the LAR signing flow and review the audit trail in the free sandbox. No credit card; you pay only when you go live with real participants.

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