Anybody know where to locate the legal rights or resources for a caregiver that has a spinal cord injury and uses a wheelchair for mobility? She has been taking excellent care of her elder mother that has mild dementia and is considered a fall risk for over five years. In essence, the situation is similar to having an agent from Child Protective Services remove a baby/child from home because they assume a mother with a disability is unfit.

Recently, a home health agency insisted that because she is 'wheelchair-bound', she must hire an independent caregiver for her mother. If she doesn?t, they have threatened to report her to Adult Protective Service which would result in having her mother removed to a nursing home and an elder abuse charge to the disabled daughter.

The disabled caregiver performs all the activities of a non-disabled caregiver. Medication management, meal prep, housekeeping, financial management, companionship, bathing, grooming, assisting with exercise program, transport and accompany mother to medial appointments, and much more. She hires caregivers to assist her for activities that can be difficult to perform while in a wheelchair such as transferring in and out of shower.

The agencies argument is that the caregiver with a disability couldn't do anything to help if the elder parent fell down. The caregiver's response is that she is extremely proactive and cautious to prevent falls. If her mother exhibits a level of unsteadiness that could be difficult to prevent from a fall, she hires assistance to ensure her safety. In addition, she has access to people on the property that could be immediately available in the event of a fall.