Disability Assessments: Commission Orders Caregivers Out the Door

Infor.pl points out that the presence of a guardian or representative of a disabled person during meetings of committees assessing the degree of disability or determining the level of support needed is a common problem and a source of legal uncertainty. It also lists these inconsistencies:

• the formal summons to the committee names the disabled person, which could suggest that only he or she should be present,
• Disability assessment application forms provide options for unassisted arrival, assisted arrival or inability to attend unassisted, which clearly indicates the possibility of an accompanying person being present during the examination.

Under current national regulations, there are no clear regulations on this matter. This lack of clarity leads to situations where accompanying persons are sometimes asked to leave despite the disabled person's objections.

In the international context, however, people with disabilities often refer to the Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly in 2006. Poland signed this convention in 2007 and ratified it on September 6, 2012, so it is part of the Polish legal order.

Of key importance in this discussion is Article 3 of the Convention, which lists among its general principles respect for inherent dignity, personal autonomy, including the freedom to make choices, and respect for the independence of the person.

This provision concerns the prohibition of interference in the life of a disabled person in the scope of:

• treatment,
• rehabilitation,
• place of residence,
• education,
• employment.

Infor.pl considers it legitimate to ask whether requesting a caregiver violates this principle of self-determination and independence for people with disabilities. The situation is legally fluid, but the Patient Rights Ombudsman, for example, has recognized that patients have the right to request the presence of a family member during a medical examination, except in specific situations, such as surgeries for aseptic reasons.

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