Guardianship and Rights
A client's guardian tells staff:
"I don't want her spending money on coffee anymore. She's wasting her money."
The client wants to continue buying coffee with her own spending money.
Can staff enforce the guardian's request?
No. The how a person uses their personal spending money is entirely up to them. No one, including a guardian or a rep payee, can tell the client what they can/cannot spend their money on.
A client frequently refuses community outings.
Staff decide the solution is to stop offering community opportunities altogether.
What rights principle is being overlooked?
The person still has the right to opportunities for community participation and social activity, even if they sometimes decline. Staff should never assume a client's decision.
A client says they want one of their PCP goals to be learning how to cook meals independently.
The team responds:
"That's probably not realistic. Let's focus on microwave meals."
What person-centered principle is being overlooked?
The plan should be driven by the person's goals and aspirations, not what others think is realistic.
A client's guardian tells staff:
"I don't want him dating. He's too vulnerable and could get hurt or taken advantage of."
Staff begin telling the client that dating is not allowed.
What is the rights concern?
A guardian cannot simply prohibit dating or relationships. Staff should support informed decision-making and safety while respecting the client's rights.
A client wants to eat fast food every day.
Staff are worried about health consequences.
How can staff support the client in eating healthy without restricting their rights?
Supporting involves education, discussion, and offering alternatives and in the end, allowing the client to make the final decision for themselves.
A client wants to work at a pet store.
The team decides instead to focus on volunteering because they think employment would be too stressful.
What should the team do instead?
Maine is an Employment First state! That means the team must explore supports that could help the client pursue their employment goal rather than replacing it with the team's preferred goal.
A client wants to move into an apartment with a roommate. The guardian objects because the client has never lived independently.
The team says:
"The guardian doesn't agree, so we can't discuss it."
What is wrong with the team's approach?
The planning process must still center the client's goals and preferences. The client's desire to move should be explored, discussed, and planned around rather than dismissed.
A DSP knocks on a client's door because their morning medication is due in five minutes. The client responds "go away, I am sleeping".
What should staff do?
Clients have the right to refuse medication, it cannot be forced upon them. Staff should try and educate client on the importance of taking the medication, but if the client isn't engaging staff should respect their decision and document appropriately.
A client communicates primarily through gestures and a communication device.
The team conducts the entire planning meeting using professional jargon and never checks whether the client understands the discussion.
What right is potentially being violated?
The person has a right to a planning process that is understandable and accessible to them. It is up to the team to provide whatever accommodations are necessary to support the person in understanding their own plan.