Evaluation of Testamentary Capacity in Aphasia
Stefano Zago, Cecilia Scuratti, Teresa Difonzo, Francesca Gnoato, Nadia Bolognini, Giuseppe Sartori
The question of whether aphasic patients are able to express their wishes through valid will has been discussed since the Nineteenth Century. Aphasia may cause several different forms of impairment in a single or multiple linguistic domain, whose degree and severity depends on the etiology of the brain injury, its location and extent. In forensic medicine, the clinical heterogeneity of aphasic condition has generated countless dissenting opinions regarding the aphasics’ capacity of will-making. After an introductory historical review of medico-legal literature, the current investigation critically examines two recent legal cases involving the assessment of testamentary capacity in aphasic patients. The findings of such case studies aim at restating the need for specific neuropsychological evaluations concerning legal decision making and aphasia.
Keywords
Aphasia, Testament, Capacity, To make a will, Decision making.