Documentation

8.8 As part of the multidisciplinary team, the speech pathologist should, for legal issues, document all observations regarding the person’s ability to understand written and verbal information and express their wishes.

Reference: Ferguson et al., 2003: Case study; Qual

NHMRC level of evidence: Qual.  

Rationale: In cases where the speech pathologist is aware of potential issues that may lead to legal challenges to the testamentary capacity of the client, the speech pathologist should ensure that full documentation of the client's communication functioning occurs.

The speech pathologist may also act as a facilitator of communication between the client and the solicitor. In addition, speech pathologists may need to raise awareness within the legal profession about aphasia and the potential contribution of the expertise of speech pathologists when testamentary capacity is being considered (Ferguson et al., 2003)

References:

1. Ferguson, A., Worrall, L., McPhee, J., Buskell, R., Armstrong, E., & Togher, L. (2003). Testamentary capacity and aphasia: A descriptive case report with implications for clinical practice. Aphasiology, 17(10), 965-980.