Showing posts with label Ageism. Show all posts
Showing posts with label Ageism. Show all posts

Wednesday, December 15, 2021

How to Deal With Ageism From Doctors and Nurses

Advice for you or your parents to get the best medical care


By Judith Graham

The doctor is talking to the daughter who has accompanied you to a medical appointment, not you. A nurse speaks slowly in an unnaturally high-pitched voice, as if you were a child needing instruction.

A couple smiling, dressed up in black tie event clothing. Next Avenue, ageism doctors nurses
While caregiving for her parents Americo and Rosina (shown here), social gerontologist Jeanette Leardi heard ageist tropes from their doctors   |  Credit: Courtesy of Jeanette Leardi

What can you do about manifestations of ageism like these – the devaluing, diminishment or dismissal of older adults based on prejudice against old age?

Mostly, people don't know how to respond.

Some stiffen but say nothing. Others speak up but try not to be overly confrontational. And some, like Doris Morgan, 85, a retired scientist who lives in Shepherdstown, W.Va., simply walk away from doctors and nurses who don't treat them as they'd like.

When her long-time physician retired a while back, Morgan began looking for a replacement. It didn't go well. "One doctor never even got around to listening to my heart and lungs. She was in trouble with me from the beginning," Morgan said.

Confront or Cower?

Morgan was also dissatisfied with an eye doctor who told her she didn't have glaucoma — a judgment that contradicted an earlier diagnosis and that another physician reversed. And she didn't care for a dentist who sent a hygienist in to discuss findings from an examination rather than coming in himself.

"I don't confront these people; there's no use doing that. I just dump them and find someone else," she said.

Jeanette Leardi, 69, a social gerontologist and community educator in Portland, Ore., takes a different approach. Her work is deeply informed by her experience caring for her mother and father who died in 1995 and 2003 respectively.

"There's a way of politely calling people out on ageism," she told me. "Let's say I'm an older adult at a medical appointment with my daughter and the doctor is talking to her, not me. You can say 'Doctor, I'm the patient, and my daughter is here to support me. I want to talk to you; let's leave some time at the end when you can talk to my daughter."

Leardi added: "You are paying for medical professionals' services; you are entitled to ask all the questions you want and make sure they communicate with you in ways you understand."

Responding to 'Elderspeak' With Humor

Should a medical professional engage in what's known as "elderspeak" — using overly simple language and sometimes endearments, often spoken in a high-pitched lilting tone — humor can come in handy.

Imagine an aide at a rehabilitation facility asking: "Have we had our bath today?" Leardi said she might respond this way: "I've had mine, have you had yours?" Or "Not yet, do you want to get in the tub with me?" 

Sometimes, matter-of-fact directness to ageism by doctors and nurses may be the best response.

Regan Burke, 75, wishes
she had been more vocal
with her orthopedic surgeon
Credit: Courtesy of
Joan Wolfensberger
For instance, if a nurse comes into your hospital saying "How are we today young lady?" you might respond "I'm really not a young lady and I'm okay with that," Leardi advised. 

Tracey Gendron, chair of the department of gerontology at Virginia Commonwealth University and author of the forthcoming "Ageism Unmasked," offers another possible response: "You can tell the nurse 'I acknowledge you're trying to be kind to me but it makes me feel small and unimportant.  Please call me this [insert a name] instead."

Dr. Louise Aronson, author of the much-acclaimed book "Elderhood" and a Next Avenue Influencer in Aging, suggested appealing to physicians' or nurses' professional pride at an October 2021 panel on ageism I moderated, sponsored by Kaiser Health News and the John A. Hartford Foundation.

Said Aronson: "As with so many difficult conversations, probably the best approach is to make 'I' statements like 'I feel that I'm not getting the attention my symptoms warrant' or 'I know you're a good clinician and that's why I'm here. So, will you work with me on this issue? Because I'm really not getting what I need and I have faith that you could provide it.'"

That can be hard, though, if someone isn't feeling well.

Regan Burke, 75, of Chicago described seeing an orthopedic surgeon at the beginning of July because she could barely walk due to pain. After having X-rays taken, she told me, "he said it's tendinitis, you need to go to physical therapy. And he walked out of the room."

What She Wishes She Told Her Doctor

Burke didn't get better and has since consulted with a physiatrist (a doctor specializing in rehabilitation) who diagnosed arthritis and recommended she have her right hip replaced.

"I wish I had said to that first doctor, the surgeon, ''Hang on. Hold it. I can't go to PT. It hurts too much. Take another look, please," Burke said.

She explained why so many older patients don't speak up when they're treated poorly.

"We older people are afraid to say anything to our doctors because they have to take care of us and we are afraid if we speak up they won't do that," Burke said. 

Her advice? "I think you have to practice with a friend or a relative before you see a doctor. Tell them 'This is what I want to say' and rehearse it a couple of times," Burke suggested.

Older adults need to challenge "their assumptions about what they're allowed to ask" doctors and nurses — a form of internalized ageism — and make sure they "communicate what's important to them," said Dr. Christopher Callahan, a geriatrician and investigator at Indiana University's Center for Aging Research at the Regenstreif Institute.

Ashton Applewhite, author of "This Chair Rocks: A Manifesto Against Ageism," and Next Avenue's 2015 Influencer in Aging of the Year, encourages older adults to trust their instincts if they feel they're being dismissed or discounted by a health care provider.

"It's hard even for a person with privilege to speak up to a doctor, who is an authority figure, and the difficulties and risks are even greater for women and people of color," she said. "But it's necessary in order to get the care we need and deserve."

A Few Things You Might Say

Applewhite offered several suggestions.

If a physician or nurse tells you you're having a medical problem because of your age, "It's okay to say 'What do you mean by that?'" Applewhite said.

If someone in a medical setting calls you "dear" and raises your hackles, Applewhite advised, "you can say I hope you care about me as a professional, not an intimate. So let's keep it professional."

And, she noted, if you feel rushed by a physician, consider saying: "I realize there are enormous demands on your time, but I need more.  What can we do about that?"

The bottom line: There are multiple strategies you can employ when you encounter ageism by medical professionals. Taking your business elsewhere. Directness. Humor. Asking for what you want. Appealing to medical professionals' professionalism. And, above all, making it clear you will stand up for yourself and aren't ashamed of being older.

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Thursday, November 5, 2020

Elder Abuse and Ageism During COVID-19

by Mansoor Malik, MD , Haroon Burhanullah, MD , Constantine G. Lyketsos, MD
 

The pandemic hit everyone hard, but what implications and consequences has it had for the older generations?

oneinchpunch/Shutterstock

Older adults have been hit hard by coronavirus disease 2019 (COVID-19). Mortality data from Oxford COVID-19 Evidence Service indicates a risk of mortality of 3.6% for people in their 60s, which increases to 8.0% and 14.8% for people in their 70s and over 80s.1 An age-related mortality study from China showed that patients of COVID-19 above aged 55 years had 3 times increased mortality. Older individuals are much more likely to develop COVID-19 related complications.2 The increased mortality reflects the underlying biological, social, and psychological vulnerabilities faced by the older population. Elderly individuals are also disproportionately affected by social distancing policies and other restrictions to stop the spread of the virus, resulting in increased loneliness, social isolation, and loss of freedom and support networks.3

Over the course of the pandemic, we have seen considerable media coverage about the risk of COVID-19 to older people. Unfortunately, much of this discourse has negatively fueled an already existing ageist sentiment. Ageism, which some define as stereotyping, prejudice, or discrimination toward people on the basis of age, is a serious international concern with important health implications.4 Multiple studies have indicated that ageism toward older adults is highly prevalent across countries and continues to grow with global population aging.5 Negative attitudes toward older adults pose significant risks to the health and well-being of older individuals, such as higher mortality risk, poor functional health, slower recovery from illness, and poor mental health.6

Negative attitudes toward this population are particularly prevalent on social media. A Twitter analysis of 18,128 tweets between March 12 and March 21, 2020, showed that about one‐quarter of all tweets could be considered ageist, either because they included jokes or ridicule aimed at older adults or because their content downplayed the relevance of COVID‐19 and/or implied their lives were less valuable.7 Ageist attitudes are nothing new. A previous study of Facebook posts indicated that 74% excoriated older individuals, 27% infantilized them, and 37% advocated banning them from public activities, such as shopping.8 Various social media discourses have surfaced about prejudiced representation and denigration of older people in society. For example, COVID-19 has been characterized with the hashtag #BoomerRemover, which has been trending on social media platforms, often accompanied with ageist disparaging and devaluing memes.9

Public discourse during the pandemic has increasingly portrayed those over the age of 70 as helpless, frail, and unable to contribute to society. These views are being spread by social media, the press, and public announcements by government officials throughout the world. There has been considerable media coverage and online discussions about potential for rationing of care of elderly people as they are more expendable than persons in other age groups. Some of the coverage seems to suggest that the deaths of older people somehow are not as important as the younger population.10

There have been numerous examples of flagrant discrimination against older individuals during COVID-19. Earlier in its course, COVID-19 was believed primarily to affect elderly people. Many young people did not follow adequate precautions, and strong public health warnings were not issued. Even after COVID-19 outbreaks in many nursing homes, Centers for Disease Control and Prevention (CDC) guidelines did not identify residents in long-term care as a high priority for testing.11 Treatment resources and personal protective equipment have been consistently directed toward the younger population.12 In a press briefing in March, World Health Organization Director-General Tedros Ghebreyesus took unnamed nations to task for failing to treat the death of older adults as a “serious issue” and exhibiting signs of “moral decay.”13

One of the disturbing social consequences of COVID-19 includes a significant increase in the number of elder abuse cases, paralleling the rise of ageism. The CDC defines elder abuse as an “intentional act or failure to act by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a serious risk of harm to an older adult.”14 Elder abuse was a huge public health problem globally even before COVID-19. It is estimated that in the United States, approximately 1 in 10 individuals over the age of 60 suffers physical, verbal or sexual abuse, or financial exploitation.15

Elder abuse is significantly underreported. Only 1 in 24 cases may be reported.16 In almost 60% of elder abuse and neglect incidents, the perpetrator is a family member.17 Social isolation is a significant risk for elder abuse. Other risk factors include cognitive impairment, physical frailty, and dependence on others for care. Nursing home residents are also particularly vulnerable to elder abuse.18 All of these risk factors have been compounded by COVID-19.

To reiterate, since the start of the COVID-19 pandemic, there has been a massive increase in the reports of elder abuse. Reports range from incidents of family violence, neglect, and financial scams. The Federal Trade Commission and the American Bar Association as well various state departments have issued warnings to the public.19 In Europe, there have been distressing reports of older people abandoned in care homes in Spain.20 In Italy, where 23% of the population is aged 65 years or older, some hospitals have used chronological age-based cutoffs to ration ventilators.20

Systemic issues

Mortality data from the Oxford COVID-19 Evidence Service indicates a risk of mortality of 3.6% for people in their 60s, which increases to 8.0% and 14.8% for people in their 70s and 80s.

Not only do pervasive ageist attitudes and stereotypes contribute to negative health outcomes, but ageism among health care professionals can also result in discriminatory practices that place older people at risk.21 Studies have found widespread negative attitudes toward older people and old age among physicians, medical students, and nurses.22 Such attitudes can lead to practical consequences for older patients. For example, assumptions regarding functional and cognitive decline can lead to more limited provision of medical information, withholding certain treatment options, and exclusion from clinical trials.23 Ageist attitudes have also been found among mental health practitioners and trainees (such as assuming that depression symptoms are normal among elderly adults), which in turn may restrict access to treatments and contribute to functional decline.24

Unfortunately, many well-intentioned efforts to combat the effects of COVID-19 have also resulted in marginalization of elderly adults. For example, recent shift towards telemedicine excludes roughly half of the adults over age 65 in the United States who lack access to broadband services.

Concluding thoughts

Elder abuse and ageism are extremely hard problems to combat. There are no clear ways to reduce ageism and change attitudes toward aging. Combined interventions with education and intergenerational contact seem to show the largest effects on attitudes.21

Adult Protection Services (APS) run by local or state health departments are usually responsible for investigating cases of elder abuse. However, few financial resources, insufficient access to information needed to resolve elder abuse cases, inadequate administrative systems, and lack of cross‐training with other disciplines in the aging field serving clients with mental health disabilities—these have hindered the role of APS workers in intervening in abusive situations.25

Two important federal laws address the issue of elder abuse: the Older Americans Act (OAA) and the Elder Justice Act (EJA). However, lack of funding and relaxed enforcement have diluted their effectiveness. The EJA has received less than 10% of the funding that was authorized, especially with respect to achieving its main goal of dedicated funding for APS.25 Denial of elder abuse and lack of funding continues to be a significant problem in the enforcement of existing laws. Urgent policy changes are needed to strengthen the protections for the elderly during COVID-19.

Table 1. Consider these forms of elder abuse, their manifestations, and their appropriate response methods.

Dr Malik is a Professor in the Department of Psychiatry at Johns Hopkins University SOM. Dr Burhanullah is an Associate Professor in the Department of Psychiatry, Johns Hopkins University SOM. Dr Lyketsos is the Elizabeth Plank Althouse Professor and Chairman of the Department of Psychiatry, Bayview Campus, Johns Hopkins University SOM.

References

1. Oxford COVID-19 Evidence Service (2020). Global COVID-19 case fatality rates. Accessed September 25, 2020. https://www.cebm.net/oxford-covid-19-evidence-service/ 

2. Liu K, Chen Y, Lin R, Han K. Clinical features of COVID-19 in elderly patients: A comparison with young and middle-aged patients. J Infect. 2020;80(6):14-18.

3. Wu Z, McGoogan JM. Characteristics of and important lessons from the coronavirus disease 2019 (COVID-19) outbreak in China: summary of a report of 72 314 cases from the Chinese Center for Disease Control and Prevention. JAMA. 2020;323(13):1239-1242. Accessed September 18, 2020. https://jamanetwork.com/journals/jama/fullarticle/2762130​

4. Butler RN. Ageism. In: Maddox GL, ed. The encyclopedia of aging. Vol. 1: A–L. New York, Springer Publishing; 2000:38–9.

5. North MS, Fiske ST. Modern attitudes toward older adults in the aging world: a cross-cultural meta-analysis. Psychol Bull. 2015;141(5):993–1021.

6. Chang ES, Kannoth S, Levy S, Wang SY, Lee JE, Levy BR. Global reach of ageism on older persons’ health: A systematic review. PLoS ONE. 2020;15(1):e0220857. Accessed September 18, 2020. https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0220857​

7. Jimenez‐Sotomayor MR, Gomez‐Moreno C, Soto‐Perez‐de‐Celis E. Coronavirus, Ageism, and Twitter: An Evaluation of Tweets about Older Adults and COVID‐19. J Am Geriatr Soc. 2020;68(8):1661-1665.

8. Levy BR, Chung PH, Bedford T, Navrazhina K. Facebook as a site for negative age stereotypes. Gerontologist. 2014;54(2):172‐176.

9. Ayalon L. There is nothing new under the sun: ageism and intergenerational tension in the age of the COVID-19 outbreak. Int Psychogeriatr. 2020;1‐4. Published online April 14, 2020.

10. Ayalon L, Chasteen A, Diehl M, et al. Aging in Times of the COVID-19 Pandemic: Avoiding Ageism and Fostering Intergenerational Solidarity. J Gerontol B Psychol Sci Soc Sci. 2020. Published online April 16, 2020.

11. Overview of Testing for SARS-CoV-2 (COVID-19). CDC. Updated September 18, 2020. Accessed September 25, 2020. https://www.cdc.gov/coronavirus/2019-ncov/hcp/testing-overview.html​

12. Mahr J. Short staffing. PPE shortages. Few inspections. Why calls are growing for Illinois nursing home regulators to step up efforts on COVID-19. Chicago Tribune. May 13, 2020. Accessed September 18, 2020. https://www.chicagotribune.com/coronavirus/ct-coronavirus-illinois-nursing-homes-regulators-pritzker-20200513-3bdofjnaivhadg2yt7kcf2psm4-story.html​

13. Carbonaro G. ‘Every life matters’: WHO chief warns against COVID-19 age discrimination. CGTN. March 11, 2020. Accessed September 18, 2020. https://newseu.cgtn.com/news/2020-03-11/-Every-life-matters-WHO-warns-against-COVID-19-age-discrimination-OKDSHuH0gU/index.html​

14. Elder Abuse. CDC. Accessed September 18, 2020. https://www.cdc.gov/violenceprevention/elderabuse/index.html​

15. Acierno R, Hernandez MA, Amstadter AB, et al. Prevalence and correlates of emotional, physical, sexual, and financial abuse and potential neglect in the United States: the National Elder Mistreatment Study. Am J Public Health.2010;100(2):292-297.

16. Lifespan of Greater Rochester Inc, Weill Cornell Medical Center of Cornell University, New York City Department for the Aging. Under the Radar: New York State Elder Abuse Prevalence Study. May 2011. Accessed September 18, 2020. https://ocfs.ny.gov/main/reports/under%20the%20radar%2005%2012%2011%20final%20report.pdf​

17. Amstadter AB, Cisler JM, McCauley JL, Hernandez MA, Muzzy W, Acierno R. Do incident and perpetrator characteristics of elder mistreatment differ by gender of the victim? Results from the National Elder Mistreatment Study. J Elder Abuse Negl. 2011;23(1):43-57.

18. Armitage R, Nellums LB. COVID-19 and the consequences of isolating the elderly. Lancet Public Health. 2020;5(5). https://www.thelancet.com/journals/lanpub/article/PIIS2468-2667(20)30061-X/fulltext​

19. Tressler C. Coronavirus: Scammers follow the headlines. Federal Trade Commission Consumer Information. February 10, 2020. Accessed September 18, 2020. https://www.consumer.ftc.gov/blog/2020/02/coronavirus-scammers-follow-headlines​

20. Minder R, Peltier E. A deluged system leaves some elderly to die, rocking Spain’s self-image. NY Times. Updated March 29, 2020. Accessed September 18, 2020. https://www.nytimes.com/2020/03/25/world/europe/Spain-coronavirus-nursing-homes.html​

21. Burnes D, Sheppard C, Henderson CR Jr, et al. Interventions to Reduce Ageism Against Older Adults: A Systematic Review and Meta-Analysis. Am J Public Health. 2019;109(8):e1‐e9. Accessed September 18, 2020. https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2019.305123​

22. Chrisler JC, Barney A, Palatino B. Ageism can be hazardous to women’s health: ageism, sexism, and stereotypes of older women in the healthcare system. J Soc Issues. 2016;72(1):86–104.

23. Briggs R, Robinson S, O’Neill D. Ageism and clinical research. Ir Med J. 2012;105(9):311–312.

24. Bodner E, Palgi Y, Wyman MF. Ageism in mental health assessment and treatment of older adults. In: Ayalon L, Tesch-Römer C, eds. International Perspectives on Aging. Cham, Switzerland, Springer Nature; 2018;19:241–262.

25. Blancato B. It’s time to make the Elder Justice Act more effective. Forbes. August 14, 2019. Accessed September 18, 2020. https://www.forbes.com/sites/nextavenue/2019/08/14/its-time-to-make-the-elder-justice-act-more-effective/#6b87f7e45605​

26. Lachs MS, Pillemer KA. Elder Abuse. N Engl J Med. 2015;373(20):1947-1956.

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Tuesday, May 19, 2020

America's deadly ageism: How COVID-19 exposes prejudice against the elderly and dementia patients

Medical workers load a patient from Andover Subacute and Rehabilitation Center into an ambulance while wearing masks and personal protective equipment (PPE) in Andover, New Jersey. After an anonymous tip to police, 17 people were found dead at the long-term care facility, including two nurses, where at least 76 patients and 41 staff members have tested positive for COVID-19. (Eduardo Munoz Alvarez/Getty Images)

The alarming death rate of U.S. nursing home residents due to the novel coronavirus is not a sad inevitability


by Lynn Casteel Harper

I hold my breath when I see my friends from the nursing home have texted. How many cases today?  Are there any new fatalities?

I left the nursing home nearly six years ago, but I worry about my friends who still work there, about the residents, about their families. I worry with good reason. At the time of writing, at least 29,100 people living or working in long-term care in the U.S. have died from COVID-19, but the number is undoubtedly higher. A staggering one-third of coronavirus deaths across the United States are linked to nursing homes. New Jersey — the state where I served for seven years as a nursing home chaplain — reports that nearly 40% of coronavirus-related deaths are linked to nursing facilities.

The latest CDC guidance states that, given their congregate nature and the resident population served — older adults often with underlying chronic medical conditions — nursing home populations are at the very highest risk of being affected by COVID-19.

While certain age-related biological factors, as well as higher incidence of underlying conditions, make older people more susceptible to dying from the coronavirus, the alarming death rate of U.S. nursing home residents is not a sad inevitability. It reflects the priorities and prejudices of our larger culture in the United States, which readily views older adults as less worthy of resources and respect than other groups. It reflects policies which fail to provide sufficient services for people to remain in their own homes and communities, while simultaneously under-regulating the very institutions in which they must live. It reflects poor pay and protections for care workers.

That nursing homes have become in the last few weeks what New York's former lieutenant governor Betsy McCaughey called "death pits," reflects ageism: the systematic devaluation of old lives. I have witnessed firsthand, for many years, prejudices and policies which — to borrow a word from the title of my recent book on the subject of dementia and caregiving — "vanish" older populations and their carers from public view and public concern.

Not all old lives suffer ageism's blows equally. If the residents of 55+ communities, planned neighborhoods geared toward younger retirees, were dying at the same rate as people in nursing homes, responses would likely take on a greater sense of urgency. The ubiquity of coronavirus-related nursing home deaths reflects a particular permutation on ageism — discrimination not only against old age but also against dependency in old age, most typified by the cognitive limitations associated with dementia.

Given that nearly half of nursing home residents have a diagnosis of Alzheimer's disease or other dementias, nursing home deaths from COVID-19 are disproportionately impacting people with brain disease. Dementia is the fifth most common COVID-19 comorbidity, outranking respiratory illnesses, including chronic obstruction pulmonary disease and asthma. Many of the roughly 120 residents at Kirkland's Life Care Center, the suburban Seattle epicenter of the first U.S. outbreak, were, as the New York Times reports, "in their 80s or 90s, suffered from dementia and were there for good." To the ageism that is uncovered and exacerbated by the pandemic, add dementism — the deeply-ingrained prejudice against the deeply forgetful.

On my first day, I was given a tour of the facility. When we reached the dementia unit, my guide told me that I would probably not spend much time here. The implication was clear: these residents were so far "gone" that they weren't worthy of my time. He was merely reflecting a dominant cultural attitude that says people with dementia have disappeared from themselves, so there's no need to be fully present to them. The more time I spent with the people on the unit, the more I came to know them as complex individuals with histories, relationships, desires — not as undifferentiated "dementia sufferers" lost to their disease. I witnessed what they too often endured — treated like children, rushed past, ignored — and became convinced that the social response to dementia creates as much suffering as the disease itself.

Whether they have dementia or not, frail elders and their care partners often find themselves forgotten at the exact time when they need the most care, and the last few weeks have brought that fact into sharp relief. I have seen it happen again and again, long before the coronavirus hit America. Friends, family, and even faith communities quietly withdraw; physicians offer little support outside prescriptions; public policy neglects care needs. A third of people with dementia have reported losing friends following a diagnosis, and over a third said they have felt lonely recently, according to a recent survey by the U.K.'s Alzheimer's Society. The National Council on Aging reports that nearly half of people with dementia have experienced abuse or neglect.

The common language of our time also reflects and generates prejudice. People do not simply have brain disease; they are imagined as gone, fading away, vanishing in plain sight. While dementia raises existential questions in ways other chronic or terminal conditions do not, we seem to have placed dementia beyond the pale of personhood. So, if we've already imagined these people as disappeared — and, to some extent, have treated them as such — then it is no surprise that the disproportionate vulnerability of people in nursing homes to dying from COVID-19, has not seemed to be, at the level of state and federal government, a priority.

Indeed, the huge proportion of deaths in nursing facilities in the last few weeks, which surely could have been mitigated with proper planning, precautions and care funding, barely seems to register as a systemic injustice. The statistics from the last few weeks make clear that the residents and staff of the kinds of nursing homes I worked at have been left to fend for themselves against this virus, and have suffered greater losses than anywhere else in the community. My own state of New York — where more than 5,300 nursing home residents have died from COVID-19 — has provided unusual legal cover for the nursing home industry, shielding them from lawsuits over their failure to protect residents from infection and death from the coronavirus.

I hope that the pandemic will lead us to re-examine values and language that discount people with dementia, and to re-evaluate an American philosophy and healthcare system that requires so many older adults — frail in mind, body, or both — to live in institutions that leave them vulnerable. More than anything, I hope we embrace dementia-inclusive communities, where people are welcomed and supported within their neighborhoods, where intergenerational networks thrive, where the general public is educated about dementia and other challenges that disproportionately impact the elderly, and where compassion is valued over cognitive capacity. If that can happen, something positive and enduring will have come out of this crisis.

Full Article & Source:
America's deadly ageism: How COVID-19 exposes prejudice against the elderly and dementia patients

Saturday, December 14, 2019

Americans Say 'Ageism' Is a Top Concern in the Workplace



Nearly half of Americans have experienced age discrimination in the workplace, a new survey from Zety finds. Buzz60's TC Newman has more.

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Americans Say 'Ageism' Is a Top Concern in the Workplace

Friday, August 16, 2019

It's Time To Make The Elder Justice Act More Effective

By Bob Blancato

Ageism can creep into public policy and negatively affect millions of older Americans. A prime example: the nation’s failure to prevent elder abuse despite the upcoming 10th anniversary of the bipartisan Elder Justice Act in March 2020.

Passing that law took seven years. Back then, the struggle to get the legislation enacted was convincing lawmakers that elder abuse, neglect and financial exploitation were real issues. Yet there had been more than 45 years of laws defining the federal response to child abuse and domestic violence.

Unfortunately, the struggle continues today.

The Underfunding of the Elder Justice Act

The Elder Justice Act has received less than 10% of the funding that was authorized, especially with respect to achieving its main goal of dedicated funding for Adult Protective Services. What’s more, major provisions of the legislation — including the creation of forensic centers to help in elder abuse detection — have never been funded.

Why is that?

As the national coordinator of the bipartisan Elder Justice Coalition, I believe there are three factors.

The first, and biggest one: denial.

Many policymakers and their staffs still don’t acknowledge elder abuse and neglect as a problem. So, it is nearly impossible to persuade them that it warrants new federal money. Yet the Justice Department has clearly acknowledged the issue, noting that one in 10 people over 60 are victims and that victims of elder financial abuse can lose up to $3 billion a year.

A second factor for the failure of the Elder Justice Act to be fully implemented is a lack of reliable data showing the extent of this problem. In our world today, data drives dollars. Here’s one statistic worth noting: The Government Accountability Office says the recorded number of instances of abuse in nursing homes more than doubled from 2013 to 2017.

A third factor is what I call the “friendly fire” problem. Advocates against domestic violence have done a very effective job getting federal attention, but they haven’t extended their effectiveness to help advance elder justice. The irony is that the predominant victim in domestic violence and elder abuse is a woman.

Ageism at Work

It isn’t hard to see that ageism is at work here.

Any victim of abuse, neglect or exploitation — no matter her or his age — should be helped. Programs need to be in place that would prevent and detect abuse and provide needed support systems. This is not today’s reality. Elder abuse is the last element of our nation’s inter-generational cycle of abuse and lagging the furthest behind in terms of a response from policymakers.

Compounding the problem is lax enforcement of laws already in place for elder abuse prevention and prosecution, especially for victims of abuse in nursing homes. Earlier this year, in her Senate Finance Committee testimony, one daughter spoke about the death of her mother from dehydration caused by neglect at a nursing home which had previously received the highest 5-star rating from the federal government.

Champions in Congress and in the Trump Administration

Thankfully, there are a few strong elder justice champions in Congress in both parties.

Sen. Charles Grassley, the Republican chairman of the Senate Finance Committee, and Sen. Ron Wyden, the committee’s top Democrat, are working on a new Elder Justice Act. They’ve held two major hearings over the past few months.

Rep. Peter King (R-N.Y.) and Rep. Suzanne Bonamici (D-Ore.) have advanced important elder justice legislation in the House. Rep. Rosa DeLauro (D-Conn.), as chair of the Labor Health and Human Services Appropriations Subcommittee, has secured the funding that elder justice has today.

Sen. Susan Collins (R-Maine) and Sen. Bob Casey (D-Pa.) have ensured the Senate Special Committee on Aging addresses this issue as well.

There are strong Trump administration advocates working on elder justice, too, including Lance Robertson, assistant secretary of aging at the Administration for Community Living and Toni Bacon, who runs the Elder Justice Initiative at the Department of Justice.

And there are others in Washington. But not enough of them. How long will it be before the topic of elder justice is raised on the 2020 election campaign trail?

In testimony I delivered before the Senate Finance Committee last month I said: “…failure to improve the federal response to elder abuse may be one of the worst examples of ageism in public policy.”

Opportunities for Change

There are real opportunities to change things in Congress, though.

The first is the passage of the two-year budget agreement which will allow elder justice programs to get needed increases. The House passed its funding bill and the Senate is expected to in September. (You can follow my group’s website, ElderJusticeCoalition.com, for details.)

The second opportunity is passage of the bipartisan Elder Justice Reform Act, a bill that’s expected to be introduced in September. It will address elder justice issues including: more funding for Adult Protective Services and the Long-Term Care Ombudsman Program as well as strengthened criminal background checks of employees at long-term care facilities.

Anyone who has an older relative, friend or neighbor should demand the federal government do more to prevent elder abuse. Whether it’s stopping robocalls and scams or protecting older adults from opioid misuse and abuse, our voices need to be raised.

The solutions are there. We just need to muster the political will and the outrage to force action.

Full Article & Source:
It's Time To Make The Elder Justice Act More Effective

Sunday, January 20, 2019

The Negative Effects of Elderspeak

Talking down to older adults is not only disrespectful, but it can be detrimental



Faye Kirtley doesn’t appreciate it when store clerks talk down to her and act as if “I don’t know what I’m doing,” she said.

“It’s embarrassing, and I don’t know why they think it’s okay to treat an older person like that,” added the 88-year old resident of Bardstown, Ky. “Maybe they have people in their family that they talk down to, too.”

Barbara Tack, 76, of Exeter, N.H. cringes at diminutives such as “miss” and “little lady” and has been known to correct a supermarket cashier on the impact of those monikers.

“I told him, ‘I am not young, and I think it’s an insult to call attention to my age at all,’” said Tack. “He did seem chagrined, so I tempered it with something like, ‘It makes me feel bad that all you can see is my age.’ But I hear that kind of condescending comment way too often.”

Tack also shared a story about a friend, a 70-year-old man, who was offended by what he perceived to be very childlike instructions given to him by a nurse in a doctor’s office: “Sorry, you have to remove your sweater for me to take your blood pressure. I know it’s cold outside and you can put it back on right away.”

Elderspeak Reveals Perception


What Kirtley and Tack are describing are signs of what is referred to as “elderspeak.” It occurs when an older adult is spoken to by health care workers, service personnel, neighbors or even family members as if he or she is a child with limited understanding.

In a recent article in The Chicago Tribune, Anna I. Corwin, an anthropologist and professor at St. Mary’s College of California in Maroga, noted that elderspeak “sounds like baby talk or simplified speech” and is, in fact, a symptom of how older adults are often perceived.

“Americans tend to view and treat older adults as no longer productive in society. And that’s how we define personhood, as an adult who is a productive member of society,” Corwin said.

Elderspeak involves talking slowly and at a louder volume, with pronounced enunciation; it also employs the frequent use of words such as “sweetie,” “dear” or the pronoun “we” when referring to the older person (as in, “Do we want to go to dinner now?”).

The Negative Impact of Elderspeak


Not only is this type of speech condescending and disrespectful to older adults, it can be damaging to their mental health and well-being.

According to Becca Levy, a researcher on a study on the effects of elderspeak, by Yale University, the practice “sends a message that the patient is incompetent, and begins a negative downward spiral for older adults who react with decreased self-esteem, depression and withdrawal.”

Further, those living with mild to moderate dementia can be even more negatively impacted by this type of language. These people can become aggressive or uncooperative when elderspeak is used, according to the Yale report.

The Importance of Respect


In an article about the dangers of ageism by LifeCare Advocates, a care management practice based in Newton, Mass., one of the tactics mentioned for reducing the use of elderspeak involves training health care workers not only to refrain from using diminutives, but to ask the older adult how he or she wants to be addressed. For some of them, the automatic use of their first names demonstrates a lack of respect.

Kirtley, who tends not to correct those who speak down to her for fear of “causing an incident,” still decries the practice of elderspeak. She’d be happier to always be treated with the respect she said everyone deserves.

“It’s an issue of dignity,” Kirtley said.

Full Article & Source:
The Negative Effects of Elderspeak

Wednesday, August 16, 2017

Let's end ageism

It's not the passage of time that makes it so hard to get older. It's ageism, a prejudice that pits us against our future selves -- and each other. Ashton Applewhite urges us to dismantle the dread and mobilize against the last socially acceptable prejudice. "Aging is not a problem to be fixed or a disease to be cured," she says. "It is a natural, powerful, lifelong process that unites us all."

Source:
Let's end ageism

Saturday, October 1, 2016

Today is the United Nations International Day of Older Persons (UNIDOP)









The 2016 United Nations International Day of Older Persons (UNIDOP) will take a stand against ageism by drawing attention to and challenging negative stereotypes and misconceptions about older persons and ageing.
Ageism is a widely prevalent and prejudicial attitude that stems from the assumption that age discrimination, and sometimes neglect and abuse of older persons is a social norm and therefore, acceptable. It is a reality in some form in all societies, and finds expression in individuals’ attitudes, institutional and policy practices, as well as media representation that devalue and exclude older persons. In 2014, Governments around the world adopted a resolution at the Economic and Social Council that recognized ageism as “the common source of, the justification for and the driving force behind age discrimination.”
Such discrimination shapes how older persons are treated and perceived by their societies, including in medical settings and workplaces, creating environments that limit older persons’ potential and impact their health and well-being. The failure to tackle ageism undermines older persons’ rights and hinders their contributions to social, economic, cultural and political life.

Source:
International Day of Older Persons

Saturday, April 23, 2016

Joe Roubicek: Joe's Cases: Respect vs. Ageism




In 1939 the dark comedy play Arsenic and Old Laceopened on Broadway and became an immediate hit. The New York Times reviewer wrote that “It is so funny that none of us will ever forget it.”

Indeed. The plot involves two spinster aunts who lure lonely old men into their home to poison them with glasses of homemade elderberry wine laced with arsenic, strychnine and “just a pinch of” cyanide. Then their nephew, Teddy, (who believes he’s Teddy Roosevelt) buries the bodies in the cellar. The ladies say that they are doing this “for charity.”

Arsenic And Old Lace is based on a notorious serial killer who murdered the elderly for profit. We make no connection to the plight of the elderly victims because the focus is on the killers. In this same sense, because society tends not to focus on the elderly, their victimization is largely ignored. Unless there is obvious evidence of foul play, law enforcement, the health care sector and society in general, have a tendency to believe that the elderly (versus other age groups) always die of natural causes. This often wrong assumption can be partially attributed to something called “ageism.”

Ageism is the tendency to perceive older persons in many negative ways, including being debilitated, unworthy of attention and “less alive.” When an older person forgets a name, they are senile. When a younger person forgets they are forgetful, or are having a “senior moment.”

Ageism perpetuates prejudice, discrimination and mistreatment of elders and psychological studies have found that it actually shortens the lifespans of elders.

Respecting our elders on the other hand, gives them longevity and brings us humility. A Yale University study found that those with positive self-perceptions of aging lived 7.5 years longer and moreover, older adults exposed to positive stereotypes have significantly better memory and balance. And how do we respect our elders? We can be patient, spend time, listen, tell them we love and appreciate them, and look for their wisdom because it’s there, say’s Mark Twain …

“When I was a boy of fourteen, my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years.”

Full Article and Source:

Saturday, December 12, 2015

Fighting Ageism in the Twitter Era (Getting Old Isn't All That Bad)



Photo: Defying negative impact of ageism in America, intergenerational advocates recently met at the Justice In Aging conference in Washington, D.C.

ORLANDO, Fla.--The baby boomers, AKA the nation’s silver tsunami, had better pay as much attention to changing attitudes about aging as they did to shaking up all those previous social norms.
In American culture, old things get replaced with something nice and new: Like the latest smart phone.
Apply the concept to people, and it’s called ageism.

It’s as current as Twitter.

Tweeted Ageist Stereotypes

A team of researchers at Oregon State University took a look at tweets about people with Alzheimer’s disease and found ridicule, stigma and stereotypes.

One unpleasant tweet: “Waiting until your grandparents become senile so you can trick them into giving you their money.”

Ageism came up frequently at November’s 68th Annual Scientific Meeting of the Gerontological Society of America, in Orlando, Fla. The conference brought together science, medical, social science and behavior experts, as well as policy wonks and other researchers.
I was there on a Journalists in Aging Fellowship, a program of New America Media and the Gerontological Society, sponsored by the Archstone Foundation.

Experts from all over the world discussed research into the challenges of the old, the frail and those with dementia.

They talked about minorities and the poor, who, after a lifetime of being disadvantaged in our society, will face particular difficulties as they age, including the need to rely on at-risk safety net and entitlement programs.

Those in the middle class also face poor nutrition in “food deserts” and isolation in their cul-de-sac suburban neighborhoods. Even some retirement communities, built as havens from the hustle and bustle, are less than ideal places to “age in place.”

Yet, the vast majority of Americans say that’s what they want: to stay in their homes.

Boomers Internalize Stereotypes

This is where baby boomers may face their own internalized ageist stereotypes.

Stephen Golant, author of Aging in the Right Place, (Health Professions Press, 2015) said Americans are “repeatedly lectured” about how to “age successfully.” They are told the importance of remaining young in mind and body: To exercise. To eat right. To maintain their homes.

This can be pernicious, he said. It suggests those who are not healthy have only themselves to blame. People guilt-trip themselves even more when the demands of homeownership make them feel like life is spinning out of control.

The perceived stigma of giving up one’s home for a “home” can make life an “emotional battlefield,” Golant said.

Meanwhile, society does its best to accent the negative.

Asked to characterize the aging, some people recorded during on-the-street interviews dredged up cliches about spry retirees on vacation, but most talked about decline, disease, dependency.

“Society isn’t betting on them,” said one man.

The FrameWorks Institute did the interviews as part of its work with eight national aging organizations.

The groups are the Gerontological Society, AARP, American Federation for Aging Research, National Council on Aging, National Hispanic Council on Aging, American Society on Aging, American Geriatrics Society and Grantmakers in Aging.

New Metaphors for Aging

The goal is to find new metaphors for aging, said FrameWorks CEO Nathaniel Kendall-Taylor.
He said the way information is framed has an impact on how people use the information, which should come as no surprise to those who reframed cultural norms about race, gender, sex, the environment and entertainment.

The baby boomers have a lot at stake, and that includes me. I’m no fan of euphemisms, but I’m all for promoting a fine-wine view of life. It should get better with age. We should feel better about aging.

If some creative wordsmithing and mass marketing helps our society recognize that aging doesn’t diminish value or humanity, it would be a real contribution to our collective understanding of who we boomers are.

Linda Valdez wrote this article for the Arizona Republic, where she is a columnist and editorial writer. She is the author of the new book, Crossing the Line: A Marriage Across Borders (Texas Christian University Press).

Full Article & Source:
Fighting Ageism in the Twitter Era (Getting Old Isn't All That Bad)

Friday, September 25, 2015

THIS Is Really When Old Age Begins


by  Martha T.S. Laham

A 95-year-old Finnish woman may have set the record for the world's oldest woman to complete a bungee jump, according to Daily Mail. Magit Tall, who walks with the assistance of a cane, took a nearly 500-foot plunge, with the aid of a tandem jumper. She said that she wanted to make the jump before she died. Tall's feat is impressive for a person of any age, let alone a nonagenarian.

Let's take a look at what it means to age in a society that has mixed views on aging.

When Does Old Age Start? 

At age 68, according a Pew Research Center's Social & Demographic Trends survey.

The survey also found that you're really as old as you feel. Sixty percent of adults aged 65 and over said they feel younger than their actual age, 32 percent said they feel their exact age, and 3 percent said they feel older than their age.

Perceptions of the onset of old age varied widely according to the respondent's age. People under 30 believe that old age strikes before the average person turns 60, whereas middle-aged respondents said that old age begins at 70 and adults aged 65 or older put the threshold closer to 74.

Gender made a difference in the findings too. On average, women said that a person becomes old at age 70, whereas men said that the magic number is closer to 66 years of age.

Ageism Hurts 

Princeton University researchers have explored the graying of the population as well as intergenerational tensions in the United States. In seeking explanations for ageism, or age discrimination, the researchers examined prescriptive ageist prejudices, which are beliefs about how older adults differ from others. For example, when older adults do not conform to these beliefs, they are punished by people who discriminate against them.

A surprising finding on ageism is that it can physically injure the elderly. One study found that people who held negative stereotypes toward aging were far more likely to experience heart attacks or strokes (25 percent), as compared to people who did not share these views (13 percent).

Two theories could explain this phenomenon. First, negative expectations can become "self-fulfilling prophecies." In other words, when an older person believes that older people are vital and vibrant, he or she is more apt to take care of him -- or herself. In contrast, when an older person believes that aging equates to sickness and infirmity, he or she may subconsciously become sick and infirm.

Second, genetics may play a role in people's perceptions of aging. For example, people who witnessed their parents age gracefully may have inherited good genes and also developed healthy attitudes and habits.

Baby Boomers Could Redefine What It Means to Grow Old
 
According to an NBC News report, whether ageism will become better or worse as more Boomers hit old age is unclear. To highlight that aging doesn't mean crippling old age, the report shared the story of a 74-year-old Duke University professor who has written several books on aging. The professor said, "One can say unequivocally that older people are getting smarter, richer and healthier as time goes on."

The professor is living proof that aging doesn't mean sitting in a rocking chair on a porch; he skydives, whitewater rafts, cycles, and gets tattoos. "What makes me mad is how aging, in our language and culture, is equated with deterioration and impairment. I don't know how we're going to root that out, except by making people more aware of it," he said.

60 Is the New 40

The frontiers of aging are not all gloom and doom. After all, 60 is the new 40! Take a look at older female role models: plucky actress, director, producer, and screenwriter Diane Keaton; age-defying celebrity, activist, former fitness guru, and W Magazine cover star, at age 77, Jane Fonda; actress and activist Susan Sarandon; and iconic international beauty Sophia Loren.

According to a columnist for The Seattle Times, Liz Taylor, "most of us age accidentally." Taylor recommends that we embrace aging. She also thinks we should drop euphemisms for aging, such as "old," "seniors," "elders," and "older." She adds that Boomers, many of whom are now seniors, do not respond well to these terms.

Shattering Old Stereotypes to Court the Mature Market
 
Today's so-called "mature market" flouts conventional stereotypes. After all, the image of a frail, grumpy elder is passé. Just take a look at pharmaceutical advertisements aimed at the mature market. While the ads focus on common ailments related to aging, such as arthritis, the people shown in the ads are vital, active, and engaged.

Some companies are reformulating their marketing strategies to attract older consumers. In Ameriprise Financial's "Dreams Don't Retire" commercial, the late iconic actor Dennis Hopper dispels conventional attitudes toward retirement. Hopper says, "Your generation is definitely not headed for Bingo night." The ad then talks about the Ameriprise Dream Book that offers a financial strategy to make retirement dreams come true.

Other companies are using cognitive age, or subjective age, and not chronological age in the development of their marketing strategies. Consider the American Association of Retired Persons (AARP). If you've turned 50, the AARP has probably already sent you a direct mail package aimed at getting you to join. The organization tries to appeal to a wide audience, which presents an interesting challenge: communication messages intended for 50-somethings won't resonate with 80-somethings and vice versa. So the AARP developed ads that feature older adults at various life stages and that explain how the AARP's lifestyle-oriented information and services fit into their lives.

To avoid ageism in marketing, some companies address consumer lifestyles. Do you remember the Taco Bell Super Bowl commercial, "Viva Young"? In this fun ad, a pack of rebellious elders sneaks out of their retirement home to experience a night out on the town. They play pranks, go clubbing, make out, get tattooed, and, of course, stop for Taco Bell. The ad demonstrates that you're never too old to stir things up.

Mark Twain said, "Age is an issue of mind over matter. If you don't mind, it doesn't matter." Anyone for bungee jumping?

Full Article & Source:
THIS Is Really When Old Age Begins

Sunday, July 13, 2014

NPR Poll Reveals Despised and Acceptable Terms for Aging

RENEE MONTAGNE, HOST:
NPR's Ina Jaffe covers aging. And on a recent program, we discussed a problem that she's encountered on her beat - what to call the people she covers. Now this led to us asking you all for some terms. We polled our listeners, but listen back to what she told us in that first conversation.

INA JAFFE, BYLINE: Maybe, once upon a time, elderly referred to a particular stage in life, but now people think of it as - means you're ailing and you're frail.

MONTAGNE: OK. So what do you call older people?

JAFFE: Older people or older adults. If it's relevant, sometimes I say older Americans. Sometimes I use the term senior, though I've met some older people who don't like that either.

MONTAGNE: So that was from our last conversation, and at the time, we asked you to weigh in and tell us the terms for aging that you love and that you hate. And Ina joins me now again to talk about the results of that poll. Good morning.

JAFFE: Good morning.

MONTAGNE: Let's start with the positives. What terms did listeners say they actually like?

JAFFE: Well, more than 2,700 people responded, and the winner and still champion was older adult, though you can't say there was any real enthusiasm for it among our poll takers. Just 43 percent of them said they liked it.

MONTAGNE: So it was an acceptable term, but was older adult the only term that people would sort of settle for?

JAFFE: Well, almost a third of the respondents liked elder. We received a lot of comments online from people who felt that the term was the most respectful. And about a third thought senior was fine, though if you put the word citizen after it, the favorable rating dropped to less than 12 percent.

MONTAGNE: So senior citizen - forget that. Let's - don't mention it. Which term had the dubious distinction of being the most despised?

JAFFE: Well, first, I should say that the category of dislikes had the most enthusiasm. There were about three and a half times more votes cast for terms that didn't like than for terms that they liked. And I can sum up the overall response by saying that they disliked pretty much everything.

Full Article, Source and Link to LISTEN to the story:
NPR Poll Reveals Despised and Acceptable Terms for Aging

Sunday, April 13, 2014

A Bright Idea: Think of the Elderly as a Resource!

“Right now, we see the elderly as a problem. Why don’t we look at the elderly as a resource? We want to help. We don’t want to just be trying to keep ourselves busy. I hate that. There are important things to do in life and we need to be able to continue being useful. I’m a great believer in being useful.

“We’ve got all these healthy, “young old,” people who go into retirement from 60 to 75 [years old] — and what do they do with themselves? They want something meaningful to do. I think we need to look at ways in which they go into caregiving. They understand it. They’re close to it, they see it. They know that they’re going to be there.”
-Alene Moris, women’s rights leader

Source:
Look to Older People to Fill Caregiver Need

Saturday, March 15, 2014

6 Aging Myths We Need to Stop Believing

Myth No. 1: Your genes predetermine how healthy you are.
Why it's not true: Although the gene sequence you were born with is fixed, gene expression depends on how you live your life.

Myth No. 2: Getting older means feeling older.
Why it's not true: We each have a chronological age and a biological age. Your chronological age is the age on your birth certificate and answers the question, "How many times have you, in this body, revolved around the sun?"

Myth No. 3: Your body gets frail as you age.
Why it's not true: Your body doesn't have to get frail when you get older. You can increase both the strength and mass of your muscles and even improve bone density through exercises and weight-training. Within six weeks of beginning to exercise, studies show, there's a 100 to 200 percent increase in strength in men aged 60 to 70.

Myth No. 4: Your brain is destined to deteriorate over time.
Why it's not true: If you think you lose brain cells as you get older, and those cells are gone forever, think again. Research shows that some areas of the brain involved with memory and learning continue to produce new nerve cells every day. So while you do lose brain cells every day, you also are constantly replacing brain cells.

Myth No. 5: Your energy decreases as you get older.
Why it's not true: Energy levels in the body don't depend on age. They depend on your attitude and are influenced by the quality of your life. Meditation, restful sleep and exercise are the best ways to experience a joyful and energetic body.

Myth No. 6: The older you are, the more unhappy you are.
Why it's not true: Happiness has nothing to do with aging. In fact, the later years can be the best time of your life. Many studies have shown that people get happier as they age.

Full Article and Source:
6 Aging Myths We Need to Stop Believing

Thursday, January 9, 2014

10 Reasons People Get Railroaded into Guardianship

by MARGARET K. DORE

1. A Misconception of Guardianship
The first factor that contributes to unnecessary guardianships is a misconception of guardianship itself. The word “guardian” creates a warm and fuzzy image. Guardianship is, however, a severe loss of liberty.
 
2. Trolling for Clients
Some professional guardians petition the court to have themselves appointed guardian of persons with whom they have no prior relationship. If appointed, the professional guardian becomes entitled to an income stream, i.e. , fees from the person’s assets. This practice has been termed “trolling for clients.”
 
3. Ageism
Ageism is “prejudice or discrimination on the basis of age.” In the context of guardianship, ageism can influence whether a guardianship is imposed.
 
4. Court Visitors Recommend the Lawyers
Court visitors also contribute to the imposition of unnecessary guardianships because in many states, the visitor recommends whether the proposed ward should be given a lawyer. The proposed ward does not have an automatic right to counsel. This situation creates a conflict of interest.

5. The Visitor’s Fee Creates Another Conflict of Interest
If the guardian ad litem recommends counsel for the proposed ward, or if the guardian ad litem recommends against the guardianship, the petitioner may object to the guardian ad litem’s fee. The “smart” guardian ad litem, who wants to get paid, is thus under pressure to go along with the petition, not “make waves.” The guardian ad litem is, regardless, more likely to be paid if the guardianship is imposed. This is because with the appointment of a guardian, there is an official person (the guardian) who will be ordered to pay the guardian ad litem’s fee from the ward’s assets.
 
6. Vague, “Politically Correct” Statutes
In many states, persons subject to guardianship were formerly deemed “incompetent.” To eliminate the stigma, many states passed statutes employing the word “incapacitated” instead. This terminology is also contained in the Uniform Guardianship and Protective Proceedings Act (1998). This change in terminology has caused an implicit lowering of the burden of proof. A judge or jury might think twice about deeming someone “incompetent” to handle his affairs. But deeming someone “incapacitated” or as having “incapacities” is not that big a deal.
 
7. Sudden Change and Potential Heirs
Another factor that contributes to unnecessary guardianships is sudden change, especially change that threatens potential heirs. More common examples include changing one’s will, selling family property, seeing a younger woman and/or marrying her. Any such action by an older person can result in a petition for guardianship.
 
8. Court Visitors Are Not Always Neutral
As custody attorneys know, guardians ad litem and evaluators are not always neutral; they instead follow their own value systems or other private criteria. With this situation, custody attorneys often advocate for the appointment of a guardian ad litem/parenting evaluator whose views are compatible with their cases. They may also move for the appointment of a guardian ad litem or parenting evaluator with whom they have an established relationship. The person appointed can be prealigned to one side.
 
9. Court Visitors Effectively Lower the Burden of Proof
Case law provides that the constitutionally required burden of proof for a guardianship is “clear and convincing evidence.” In many cases, this burden is easily met. The proposed ward is demented. There is no alternative to guardianship such as a power of attorney because the proposed ward is incompetent to execute such a document. In other cases, however, the burden would not be easily met i.e., if the petitioner would actually be required to show clear and convincing evidence. The petitioner, however, is often not required to meet this burden because as a practical matter, he only needs to convince the court visitor.
 
10. Incentives to Sell Out the Client (No “Dream Team” for the AIP)
Like the guardian ad litem, the “smart” lawyer who wants to be paid will not do anything that causes the petitioner to be unhappy, such as vigorously fighting the petition. The “smart” lawyer will also avoid disagreeing with the court, as the court has direct authority to appoint him, approve fees and order payment. The bottom line, there is pressure on the lawyer to sell out his client. For this reason also, a person may be placed under guardianship when it is not appropriate.

PROPOSALS FOR REFORM
Politically Correct Statutes
Eliminate Court Visitors/Mandatory Appointment of Counsel
Remove the Conflicts of Interest
Public Awareness

CONCLUSION
The law provides that guardianship not be imposed unless there is clear and convincing proof. In practice, this proof is often not required due to the factors identified above: vague, politically correct statutes; the role of court visitors; and in many states, the lack of mandatory counsel for the proposed ward. More broadly, there are numerous conflicts of interest that allow competent individuals to find themselves forced into guardianship. The next time, it could be you.

Full Article and Source:
Margaret Dore - AJFL 2008 (pdf)

Saturday, July 13, 2013

Ageism in the Media: An Interview with Emmy-Award Winning Actress, Doris Roberts


"Would you tell Picasso he couldn't paint anymore because was too old?"—that's just the type of treatment that older people are faced with in the media these days, says veteran actor Doris Roberts, who was awarded an Emmy Sunday night for her co-starring role as the strong-willed Marie Barone on CBS's Everybody Loves Raymond. Roberts will also be seen leading the cast in The Hallmark Channel's A Time to Remember. 
The Parents Television Council recently talked with Roberts about the depictions of seniors in advertising and on television. Why the push towards reaching younger audiences?  Roberts feels that advertisers target a young demographic because older audiences consider their consumer choices more carefully than young people. "They don't want an older audience because we have a brain." The message that Roberts wants to give advertisers is "change our minds by working harder—I will buy a different car if you tell me it's safer or give me instructions on how it works better for me." Marketers target youth because they are easier to convince. Ms. Roberts finds the quest by advertisers to target young buyers puzzling when more than three quarters of the wealth in the United States is controlled by older Americans. "Young people can't afford to buy cars. Young people don't buy houses" she asserts. So why then, the push for youth-oriented marketing strategies?
Advertisers are influenced by what Roberts refers to as "image-makers" and this image-consciousness is what leads to the ubiquitous ads featuring young, beautiful woman in advertisements for anything from alcohol, to cars, to magazines. "Nowhere do you see a picture of a woman over the age of 45 on a magazine cover. They're airbrushing us out of society."
The rise of television programming rife with sex and violence is because these image-makers are attempting to draw young viewers in with racy, envelope-pushing content. Clean shows that appeal to older viewers -- such as Diagnosis Murder and Dr. Quinn, Medicine Woman -- even though they may perform better in the ratings, are bushed aside because that's not the image the networks want to project, and that's not the audience they want to attract.
Roberts says that the problem is further exemplified in the portrayals of seniors in television programming. Seniors are not seeing accurate representation of themselves on television.  "[Seniors] do not see themselves portrayed and when then do, it's in a demeaning manner. They're referred to as ‘over the hill,' ‘old goats' and ‘old farts'—oh please, ugly ways of talking about us."

Full Article and Source:
Ageism in the Media: An Interview with Emmy-Award Winning Actress, Doris Roberts