Documentation

As part of the interdisciplinary, 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 
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, not only should full documentation of the client's functioning occur, but the speech pathologist may act as a facilitator of communication between the client and the solicitor. In addition, speech pathologists may need to raise the awareness of the legal profession about aphasia and the potential contribution of the expertise of speech pathologists with regard to testamentary capacity.

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.