Financial and legal decision-making capacity in the aphasic population – a narrative review. (December 2016)

• Record Type: Journal Article
• Authors: Carr, Frances
• Is Part Of: Medico-legal journal. Volume 84:Part 4(2016)
• Page Start: 195
• Page End: 199
• Publication Date: 2016-12
• Subjects: capacity -- aphasic -- finances -- legal; Medical jurisprudence -- Great Britain -- Periodicals; Crime -- Great Britain -- Periodicals; 614.105
• DOI: 10.1177/0025817216669092
• Languages: English
• ISSNs: 0025-8172

Abstract

Introduction: Capacity is assumed to be present unless proven otherwise. Assessments of specific decision-making capacity for financial and legal decisions, although challenging in the general population, becomes almost impossible for individuals with language disorders (i.e. aphasia) in the absence of appropriate communication aids. Several capacity aids exist for the general population; however, it is unclear whether any communication aids exist specifically for the aphasic population to assist assessment of financial and legal decision-making capacity. Method: A literature review was conducted of six databases with the assistance of a research librarian. From 171 articles screened, 12 were included in the final review. Results: The literature focus was on medical decision-making capacity, and in particular, patient consent. Few articles addressed legal or financial decision-making capacity. Several articles identified the presence of general and specific capacity aids for the general population; however, there was a clear absence of similar communication aids available for the aphasic population with only one communication aid identified to assist with decision-making capacity assessment for healthcare and accommodation decisions only. Conclusion: Whilst a significant amount of research has been done on decision-making capacity, it is mostly focused on healthcare; in particular, on patient consent for treatment for the non-aphasic population. Although a communication aid exists to aid assessment of decision-making capacity for healthcare for aphasic individuals, no similar tools exist to aid financial and legal decision-making capacity assessments. This paper highlights an important problem encountered during clinical practice which requires further research.