Editor's note: Unnecessary arrests, inappropriate
proceedings and misguided decisions have resulted when police
officers, attorneys, and judges have been ignorant of aphasia.
In addition to the NAA's Fact Sheets about aphasia and its
impact, the following resources have proven helpful in some
cases:
The Americans with Disabilities Act (ADA) prohibits discrimination
against people with disabilities in employment, public accommodations,
transportation and other areas. The American Speech-Language
Hearing Association (ASHA) has a list of articles that interpret
the ADA). Much of the information relates to other communications
disabilities such as deafness, but some is relevant to people
with aphasia. Contact ASHA Office of Multicultural Affairs,
2200 Research Blvd, Rockville, MD 20850, (301) 897-5700,
www.asha.org. For information on filing complaints under the
ADA contact the US Department of Justice, www.usdoj.gov, 202-514-2000.
Legal Aspects of Aphasia, American Bar Association
and the American Speech-Language-Hearing Association, 1983,
23 pages. The paper discusses several cases relating to aphasia.
Issues include the competency of people with aphasia to create
and change wills, to act as a witness, and the right to serve
on a jury. Other issues raised were cases of unethical conduct
by attorneys who defrauded peoples with aphasia. While the
article has not been updated, it may serve as the starting
point for further research. A copy is available from the NAA
for $2.25.
Legal Competency of Aphasic Patients: Role
of Speech-Language Pathologists, Archives of Physical Medicine
and Rehabilitation, Vol. 61, August 1980 (pp. 375-76). The
authors, two speech-language pathologists and a physician,
conclude that it would be in the best interest of persons
with aphasia if the court would depend on the expert opinions
of speech-language pathologists to make detailed evaluations
of language competency (rather than relying on a neurologist,
physiatrist, or general practitioner). They also state that
a speech-language pathologist can help choose the best way
to communicate with a person with aphasia who must respond
to questioning. Two earlier articles about aphasia and legal
competency are cited. A copy is available from the NAA
for $0.50.
Law Enforcement Response to Persons with
Aphasia, Police Chief Magazine, December 2004. Written by
a police officer and the Executive Director of the NAA, the
article explains aphasia and sets for appropriate responses
when encountering a person with aphasia. Click here for article
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