Eleanor Finch
Assent is defined as an agreement by an individual not competent to give legally valid informed consent. This could include minors, or individuals with cognitive disabilities. In the case of minors, written assent is required for patients aged 12 through 17 years, using a Child Assent Form. For individuals with cognitive disabilities, a separate assent form must be created, which includes the same information as the consent form presented to the guardian. In cases where the individual is unable to sign their name, a verbal assent must be recorded by the researcher. In the digital age, assent can also be obtained through electronic signatures, which are considered valid and binding.
What Constitutes a Signed Assent?
| Characteristics | Values |
|---|---|
| Written Assent | A written document for the children to sign. Written assent is required for patients aged 12 through 17 years using the Child Assent Form. |
| Age | The age of majority, when a person is old enough to make a contract, is 18 years in most states except Mississippi. |
| Digital Signature | The ESIGN Act and the UETA have significantly impacted how a signature is defined. Digital signatures are considered valid signatures and are just as effective as wet signatures. |
| Electronic Signature | The click of a button online can replace an actual signature. |
| Verbal Assent | Individuals who are too young or too cognitively disabled to sign their names should be given the opportunity to give verbal assent, which must be recorded by the researcher. |
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Digital signatures
The definition of a signature has evolved in the digital age, with electronic signatures largely replacing traditional pen-to-paper methods. Digital signatures are now considered valid signatures and are as effective as wet signatures.
Federal laws like the ESIGN Act and the UETA have influenced how a signature is defined. The ESIGN Act, effective as of June 30, 2000, governs the validity of electronic signatures and records of transactions. It allows companies to create signatures through "any electronic sound, symbol, or process" associated with a contract. The Act also ensures that consumers are aware of their rights to a copy of the agreement and the right to withdraw consent.
To ensure a valid digital signature, several requirements must be met:
- The signer should demonstrate a clear intention to sign the document online, such as by receiving and opening the document.
- The agreement should include a clause stating that all parties agree to conduct transactions electronically.
- The document must remain accessible to both parties and saved in the form it was signed.
- Both parties must receive a copy of the signed document, and the signer must have the option to reject electronic documentation and request a physical copy.
Online services like Adobe Acrobat and DigiSigner offer digital signature features, allowing users to sign documents directly in their browser without installing additional programs. These services support various file formats, including PDF, Word, Excel, scanned documents, and more.
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Written assent
In the context of research, written assent is defined as a signed statement from an individual who is not competent to give legally valid informed consent to participate in a research project. This may include individuals under the age of 18 or those with cognitive impairments that interfere with decision-making. For research projects involving these individuals, an assent form must be created, in addition to the consent form signed by the participant's guardian. The assent form should be written in language appropriate to the participant's age and mental abilities and may be read aloud to the participant if needed. It should include a description of how the participant can withdraw from the research, confidentiality statements, and signature lines for assent, date, and the principal investigator.
In the context of contracts, written assent refers to the agreement between two parties, which can be in the form of a signature or another method of acceptance. With the increasing digitisation of contracts, the definition of a signature has evolved to include electronic signatures, which are considered valid and enforceable by courts, as per the ESIGN Act and the UETA. An electronic signature can be "any electronic sound, symbol, or process" associated with a contract and executed by the user with the intent to sign. This can include methods such as clicking "I agree" on a website or using a digital signature pad.
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Affirmative assent
In the context of signatures and contracts, affirmative assent refers to the user's agreement to be bound to the terms of an agreement. This can be demonstrated through a signature, which can be a wet signature (a physical signature using pen and paper) or a digital signature.
With the increasing digitisation of contracts, the definition of a signature has evolved. Federal and state laws like the ESIGN Act and the UETA now recognise digital signatures as valid signatures, equivalent to wet signatures. This has facilitated the use of electronic signatures, which can be obtained through various methods such as signature pads, electronic sounds, symbols, or processes associated with a contract.
To ensure enforceability, the signature method should require the user to take a specific affirmative action to agree to the terms. This can be achieved through sign-in-wrap methods, where users are required to complete an additional action, such as signing in or registering on a site, to indicate their agreement. Clicking "I agree" or similar buttons is another common method that records the user's affirmative assent.
It is important to note that passive acceptance methods like browse-wrap agreements have been deemed unenforceable by courts as they lack the necessary affirmative action. To obtain clear assent, businesses should focus on obtaining explicit confirmation of the user's agreement, such as an affirmative click on clearly worded buttons or checkboxes.
In certain contexts, such as research involving individuals under the age of 18 or those with cognitive impairments, assent forms are used alongside consent forms. These forms should be presented in a language that is understandable to the participant and can be read aloud if needed. Additionally, participants must be made aware of their rights, including the ability to withdraw from the research without negative consequences.
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Wet signatures
Despite the growing acceptance of electronic signatures, there are still certain situations where wet signatures are required or preferred. For example, in the United States and Canada, notarized documents, wills, trusts, and banking-related documents often necessitate wet signatures. Similarly, family law, adoptions, divorce proceedings, court orders, evictions, and insurance benefits may require physical signatures in specific jurisdictions.
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Real assent
In the context of contracts, assent refers to the manifestation of agreement by a party, which can be through written or spoken words, or even by failure to act. With the increasing digitisation of contracts, the definition of a signature has evolved. According to the ESIGN Act and the UETA, a signature is "an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record". This means that electronic signatures, such as clicking "I agree" on a website, are legally valid and enforceable.
It is important to distinguish between real assent and situations involving fraud. Fraud in the execution occurs when a person is caused to sign a legal document while believing it to be another type of document. On the other hand, fraud in the inducement involves deceit or trickery to induce a person to enter into a contract that disadvantages them. For example, misrepresenting the characteristics of a product being sold can render the contract voidable.
In the case of minors, the age of majority, when individuals are legally considered adults and can enter into binding contracts, varies across jurisdictions. While it is typically 18 or 19, there may be legal ambiguities for those under 21. Some creditors and landlords may require parental co-signature for individuals under 21.
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Frequently asked questions
A signed assent is an agreement by an individual not competent to give legally valid informed consent to participate in research. This could include minors, or individuals who are cognitively impaired to a point that interferes with their decision-making.
A signed assent must be created for any research that includes individuals who are not capable of granting informed consent. The principal investigator must also obtain consent from the participant's guardian. The language of the assent form must be appropriate for the population of interest and the mental abilities of the participants involved.
There are various types of assent, including written assent, verbal assent, and electronic assent. Written assent is a signed statement of an affected person. Verbal assent is granted by individuals who are too young or cognitively impaired to sign their own names. Electronic assent can be obtained through a click-wrap agreement, where the user agrees to the terms and conditions before using the product or service.
