Ageism and Bias in Family Law

• Author: Tristan Sullivan-Wilson and Deirdre Lok
• Pages: 35-37

WINTER 2022 35

cases of elder abuse incredibly complex. In the majority of

these cases, a family member is the person causing harm to

the older adult, even further complicating this dynamic.

Nat’l Council on Aging, Get the Facts on Elder Abuse.

In the United States, an estimated 1 in 10 people over 60

experiences abuse every year—and this number is likely

vastly underreported. Under the Radar, a 2011 study of older

adults in New York, showed that only 1 in 24 older adults

experiencing abuse has reported the abuse to a professional.

For the older adult experiencing abuse, feelings of shame,

love for the person causing them harm, and internalized

ageist assumptions about their own value and worth create

signicant barriers to reporting abuse and seeking support.

Ageism and the Law

e impact of ageism extends throughout our legal system,

presenting in the physical space of the courtroom, the

accessibility of proceedings, and the language of legal

decisions. Real access to the legal system requires that

litigants can fully participate in the proceeding, sit without

pain, and understand the judge and other parties to the

proceeding. Too frequently, our courts fall short of this goal.

Consider Ms. A’s story and how her experience of the

legal system was impacted by the barriers created by the

room itself—the location of the building on a busy street and

Ms. A, an older adult with limited mobility, had experienced

physical and emotional abuse from her son and was seeking an

order of protection in family court. Due to the acoustics in the

room and background noise from the street outside, Ms. A had

signicant trouble hearing and understanding the proceeding.

She frequently interrupted, speaking loudly. Not understanding

Ms. A, the judge interpreted her actions as disruptive and

inappropriate outbursts, raising capacity concerns and slowing

the proceeding.

Ageism is the “stereotypes, prejudice, and

discrimination directed towards people on the

basis of their age.” World Health Org., Global

Report on Aging (2021). e eects of old

ageism are far-reaching and impact interper-

sonal interactions, the language we use, institutional policy

and practice, and even self-perception. For older adults,

ageism can be deadly. Ageist views are linked to poorer health

outcomes and age-based health inequities, and the resulting

devaluation, exclusion, and isolation of older adults increases

the risk of elder abuse. e Centers for Disease Control and

Prevention dene 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 risk

of harm to an older adult.” ese relationships of trust make

Ageism and Bias in Family Law

BY TRISTAN SULLIVAN-WILSON AND DEIRDRE LOK

Published in Family Advocate, Volume 44, Number 3, Winter 2022. © 2022 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.