Resolving Issues Regarding Personal Attendants
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Send by emailSome people with physical disabilities run into issues with their personal attendants that need to be resolved.
People with disabilities can live independently in their communities by directing attendants who assist them in daily living activities such as bathing, dressing, toileting and transferring in or out of bed, a wheelchair or other seating.
Disabled people and their attendants usually develop trust and good relationships, but some issues can arise that can interfere with that bond.
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Common issues
John Mossa, an Independent Living Skills Trainer with the Centre for Independent Living in Toronto (CILT), recognizes some common problems between disabled people and their attendants:
- Not enough hours of attendant services
- Attendants are not properly trained
- Attendants are not punctual or reliable
- High turnover rates in attendants
- Long waiting lists for attendant care services
- Emotional, physical, financial or sexual abuse
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Lack of information about consumer rights such as
confidentiality, complaints and appeals procedures
Another problem that can arise is competing human rights. For example, an attendant is asked to cook foods that his religion considers unclean. Are the attendant’s rights violated? If the attendant refuses to cook the food, is the denial of the service violating the rights of the disabled person? Human rights in this case can be difficult to define.
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First steps to problem resolution
Communication is key to resolving issues. The Ontario Human Rights Commission recommends that disabled people and their attendants:
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show respect for one another and treat each other with
dignity - mutually recognize and learn about one another’s rights
- recognize and address stigma and power imbalances
- encourage cooperation and mutual problem solving
To fire or not to fire
People with disabilities who hire their personal care attendants may choose to fire the caregiver. Other disabled people receive funding from their state or province and receive attendant care through an agency. In this case, disabled people must contact the service provider and follow the agency’s complaint process.
Using mediation or the courts to resolve conflict
If communication breaks down, disabled people can choose mediation or the court system. Disability advocates recommend that disabled people with complaints about attendant services do not go through the court system unless absolutely necessary. Issues cause stress and strain in the relationships between disabled people and their attendants that is prolonged by litigation. Courts cases take a long time before a resolution is found.
Mediation, on the other hand, has several advantages:
- Both parties can arrange a meeting relatively quickly
-
A neutral mediator can facilitate communication to ensure that
both parties are heard - A mediator encourages both parties to come up with a solution.
Sources:
“Independent Living and Attendant Services: Tools to Promote and Defend the Rights of Persons with Disabilities,” a presentation by ARCH Disability Law Centre, Centre for Independent Living Toronto (CILT) and the Law Society of Upper Canada - June 6, 2012
“Policy on Competing Human Rights,” Ontario Human Rights Commission
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