The Role of Speech-Language Pathology in Supporting Legal Capacity

Abstract

The United Nations Convention on the Rights of Persons with Disabilities, specifically Article 12, has instigated a paradigm shift in the way people with intellectual and cognitive disability are viewed in terms of their right to autonomy. Despite the legislative strength of this paradigm shift, people with severe intellectual and cognitive disability are routinely placed under guardianship orders. Supported decision-making is emerging as a viable alternative to guardianship for many people with cognitive disability; however, there remains a lack of focus on the practice for people with the most severe intellectual or cognitive disability. Speech-language pathologists have specialised skills and knowledge in communication and human interaction, both central elements of supported decision-making practice. These skills and knowledge make speech-language pathologists ideally placed to facilitate practice in this area.

Keywords::

• Guardianship
• Intellectual Disability
• Personhood
• Self-Determination
• Supported Decision-Making
• United Nations Convention On The Rights Of Persons With Disabilities

Additional information

Notes on contributors

Jo Watson

Jo Watson (@JoWat) is a speech pathologist and Lecturer in Disability and Inclusion at Deakin University.