Americans With Disabilities Act: An Evolving Resource

It is expected that life care planners are aware of and understand how possible resources may be considered in the assessment of the individual client and the preparation of a life care plan. In practice, a detailed assessment based upon guidelines provided by the Americans with Disabilities Act (ADA) case law can be a valuable source of information for the judge and/or jury in the adjudicating process. However, in the last seven years, the Supreme Court has narrowed the scope of the ADA, and the protection it was meant to afford. Because of the narrowing of the scope and definition of who may be covered, many individuals with a mild impairment may be determined disabled, while, ironically, someone with a severe impairment may not be able to overcome the court-imposed obstacles and be covered by the Act. Understanding the evolution of the ADA through the courts, and whether or not it is a resource for the individual, is of value to the life care planner.