Just ask him? He wasn't retarded, he just didn't have a working memory. You can also ask him multiple times.
Informed consent is mostly not that informed. Clinicians don't understand risk, cannot communicate risk to patients, and patients can't understamd that communication.
And children can agree to things just fine through their guardians.
And memory tests are not quite the same as dissecting his brain on television, then putting it on permanent display in grotesque life-sized cross-sections.
Further, he was institutionalized. So the guardians were - who? the doctors doing the dissecting?