ABSTRACT
Before discussing much-needed reforms, it is important to identify the deficiencies of the present legal order, beginning with the failure of the doctrine of informed consent as a protective regime for vulnerable adults. Legal reform in common law jurisdictions should reflect, at least in part, this protectionist approach. Legal reform in common law Canada is thus necessary in order to clarify the existing situation and to establish a viable legal regime that is compatible with the research endeavour. Rather, specific ethical and legal concerns will be addressed insofar as they impact on the reform of guardianship laws in general and on the decision-making process of guardians in particular. All research directives would have to be reviewed by research ethics committees prior to their endorsement, ensuring that both legal and ethical requirements are satisfied. Consequently, adult guardianship laws require extensive reform in order to accommodate this special category of guardianship powers.
