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What standard of care is appropriate for persons with a disability?

  • The standard of care expected will vary according to the circumstances of the particular case.
  • It will be determined by the industry and professional standards, the skills and training of the care worker, community standards and recent court decisions in similar cases. The standard of care is not determined simply by what a person with a disability demands or believes it should be.
  • You are entitled to all of the same rights as anyone else in the community who does not have a disability.
  • You may even be entitled to additional support that is not available to others in the community. This additional support is provided to counteract any imbalances that exist in the legal system between those with disabilities and those without and particularly in criminal matters.

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