5(D). What should I do if I doubt my client can live independently in the community?
Lawyers who are unfamiliar with the disability rights field have shared with MDAC a range of concerns when faced with the reality of specific cases.[64] One frequently-raised concern is that the lawyer cannot imagine how a particular person in an institution could live outside. After all, the institution provides care and treatment, daily activities, food, clothes and shelter. Lawyers may be concerned that removing the client from an environment like this and expecting them to live alone is unrealistic.
Concerns such as these may increase if the lawyer finds that the client shows symptoms such as difficulty communicating, expressing unclear wishes, is experiencing hallucinations, has slurred speech or an unsteady gait, seems disconnected from her/his surroundings, is unfocused, provides contradictory or irrational information, experiences forgetfulness or aggression, has excessive expectations of litigation, etc. The lawyers are correct: it is unrealistic to expect someone to live alone without any support. But individual, atomistic living is not what the right to live in the community means!
[64] For further information on representing people with disabilities see Lana Kerzner, “Providing Legal Services to People with Disabilities” (Arch Disability Law Centre, Toronto: April 2008), available at http://www.lsuc.on.ca/media/eleventh_colloquium_kerzner.pdf (last accessed: 24 September 2014); and Dr Paul Swift et al, “What happens when people with learning disabilities need advice about the law?” (Norah Fry Research Centre and University of Bristol: July 2013), available at http://www.legalservicesconsumerpanel.org.uk/ourwork/vulnerableconsumers/Legal%20Advice%20Learning%20Disabilities%20Final%20Report.pdf (last accessed: 24 September 2014).