Frequently Asked Questions About the ADA and Caregivers
The following information was made available by the ADA National Network.
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According to a 2015 report, approximately 43.5 million informal (unpaid) caregivers provided care to an adult or child in the previous 12 months. Additionally, while individuals with disabilities of any age may need assistance from caregivers, older people are more likely to develop disabilities, and more likely to require personal assistance and support.
The population of people over the age of 65 is projected to increase significantly in the coming decades, likely resulting in a greater need for caregivers, both paid and unpaid. The list below includes some common frequently asked questions, with brief answers, about the Americans with Disabilities Act (ADA) and how it applies to caregivers.
How is the ADA relevant to caregivers and individuals with disabilities who need their assistance and support? Make “reasonable modifications in policies, practices, or procedures” to ensure equal opportunities.
Are businesses required to provide a personal assistant or caregiver for a person with a disability? Generally, no; however, there are many “reasonable modifications” that may be needed on an individual basis and would not be considered “personal services.”
Do caregivers and personal assistants get free admission? Generally, no; however, there may be times when a person with a disability cannot access goods or services without personal assistance, and a public entity or business may need to consider offering free or discounted admission to ensure equal access.
Are caregivers guaranteed a seat with the person they are assisting at a ticketed seating event? Generally, no; however, if the individual with a disability needs an accessible seating location, he or she may purchase up to three additional tickets for adjacent or nearby seats, if such seats are available at the time of purchase and other patrons are allowed to purchase up to four tickets.
Can caregivers accompany a person of the opposite gender into a public restroom? Maybe, but it would be easier if there is a single-user toilet or bathing room at the facility.
Do caregivers have a right to accommodations such as sign language interpreters? Caregivers may certainly have disabilities themselves. If a caregiver is a person with whom the agency or business would normally communicate, then the caregiver is entitled to effective communication.
If a caregiver has a service animal, can she bring the animal with her into public places while she is providing support services to a person with a disability? If a caregiver has a disability and uses a trained service animal, the caregiver has the same rights as any other individual with a disability. Service animals are permitted in almost all areas of public facilities and private businesses covered by the ADA.
Are caregivers permitted to stay overnight in a hospital that strictly limits visiting hours? Permitting a caregiver to remain overnight may be a reasonable modification of policy and procedure, if the caregiver is needed by a patient with a disability.
In the case of a natural disaster or other emergency, are caregivers permitted to go to the same shelter as the person for whom they provide care and support? It may be a reasonable policy modification to permit a caregiver, who might otherwise be directed to a different shelter, to stay with the person they assist, whether in a typical mass care shelter or a specially equipped medical shelter.
Are caregivers permitted to stay overnight at a housing community that does not allow overnight guests or that states there are not enough bedrooms for an additional person? Accommodating caregivers who need to stay overnight may be a reasonable policy modification. The ADA covers only very limited circumstances involving housing.