58 THE QUEENS COURIER • HEALTH • OCTOBER 4, 2018 FOR BREAKING NEWS VISIT WWW.QNS.COM
health
ELDER LAW
Ageism and Aging
Ageism and Aging is stereotyping and
discriminating against individuals or groups
on the basis of their age. Th e term was
coined in 1971 by Robert Butler to describe
discrimination against seniors, and patterned
on sexism and racism. Butler defi ned
“ageism” as a combination of three connected
elements. Th ey are prejudicial attitudes
toward older people, old age, and the aging
process. Th ere are also other discriminatory
practices against older people, such as institutional
practices and policies that perpetuate
stereotypes about older people.
Contrary to common and more obvious
forms of stereotyping such as racism and
sexism, ageism is more resistant to change.
For instance, if a child believes in an ageist
idea against the elderly with few people correcting
him, then as a result, he will continue
to grow into an adult believing in ageist
ideas. In other words, ageism can become a
self-fulfi lling prophecy.
Ageism beliefs against the elderly is commonplace
in today’s society. For example,
when an older person forgets something,
he or she could be quick to call it a “senior
moment,” failing to realize the ageism of
that statement. People also oft en say ageist
phrases, such as “dirty old man” or “second
childhood” of which elders miss the negative
undertones. On the other hand, when
elders show greater independence and control
in their lives, defying ageist assumptions
grows stronger.
Labor regulations also limit the age at
which people are allowed to work and how
many hours and under what conditions they
may work. Age discrimination in hiring has
been shown to exist in the U.S. Th e Equal
Employment Opportunity Commission’s
fi rst complainants were female fl ight attendants
complaining of (among other things)
age discrimination. It was also found that
fi rms are more than 40% likely to interview
a young adult job applicant than an older
job applicant.
Ageism has signifi cant eff ects on the
elderly and young people. Th e stereotypes
and infantilization of older people by
patronizing language, aff ects older people’s
self-esteem and behaviors. Aft er repeatedly
hearing a stereotype that older people are
useless, th ey may begin to feel like dependent,
non-contributing members of society.
Th ey may start to perceive themselves
in terms of the looking-glass self (i.e. in the
same ways that others in society see them).
Studies have also shown that when older
people hear these stereotypes about their
supposed incompetence and uselessness,
they perform worse on measures of competence
and memory. Th ese stereotypes
then become self-fulfi lling prophecies. Th e
research further declares that the older individual
might also engage in self-stereotyping,
taking their culture’s age stereotypes to
which they have been exposed over the life
course, and directing them inward towards
themselves. Th en this behavior reinforces
the present stereotypes and treatment of
the elderly.
Many overcome these stereotypes and
live the way they want, but it can be diffi cult
to avoid deeply ingrained prejudice, especially
if one has been exposed to ageist views
in childhood or adolescence.
A fi nal thought on the subject – implicit
ageism is the term used to refer to the
implicit or subconscious thoughts, feelings,
and behaviors one has about older people.
Dr. Sheldon Ornstein is a
registered professional nurse
with a doctoral degree in
nursing organization. He
has specialized in the care
of older adults and has
published many articles on
the subject. He has done
post-graduate work in gerontology
and has taught
at several universities. In
2013, he was inducted into
the Nursing Hall of Fame at
Teachers College, Columbia
University.
Th ese may be a mixture of positive and negative
thoughts and feelings, but gerontologist
Becca Levy, reports that they “tend to be
mostly negative.”
So what can an elderly person do when
bombarded with ageist comments?
Th e answer is to pushback with positive
replies by challenging the negativity of
someone who is either ignorant about ageist
comments and their eff ect, or fi nds it
humorous to off end by suggesting, “It’s just
a joke, so lighten up, I didn’t mean anything
off ensive.” “Oh really!” my reply!
Quotable quote: “Th ere is more to life
than increasing its speed.”
Sheldon Ornstein Ed.D, RN, LNHA
The Elder Law Minute TM
Estate Planning for the Young
BY RONALD A. FATOULLAH, ESQ.
AND DEBBY ROSENFELD, ESQ.
As elder law attorneys, we oft en meet
with clients who are aging or are related
to those who are aging. Elder law covers
a broad range of areas, including helping
the elderly and disabled attain the
governmental benefi ts they need while
simultaneously preserving their assets.
Another component of elder law is basic
estate planning. We typically prepare
wills, trusts and advance directives for
our clients and their family members.
It is a misconception to think that
estate planning is limited to the elderly.
One important aspect of estate planning
involves preparing wills and/or
trusts for individuals, indicating how
their assets should be distributed upon
their demise. Young people oft en think
they don’t need wills because they have
not acquired much in terms of personal
wealth. If an individual owns any assets
that do not have a named benefi ciary and
then dies without a will, those assets will
be distributed in accordance with state
law - which might not be what the person
intended. For example, if John has a
long term partner whom he never married
and John unexpectedly dies without
a will, his assets will pass to his living
parents, completely bypassing his
surviving partner. If John has no living
parents, his assets would pass to his siblings
- even if he hasn’t spoken to them
in years. Preparing a last will and testament
can avoid some of these unintended
consequences.
Young couples with children oft en
make the mistake of thinking a will is
not necessary - possibly because they
do not own much or because they think
their assets will automatically pass to
each other if one should die. However,
a ccording to New York State law, if a
spouse dies leaving a surviving spouse
and children, the fi rst $50,000 passes to
the surviving spouse and the balance is
divided between the surviving spouse
and the children. Th is law oft en does
not comport with peoples’ intentions.
Another reason for having a will is that,
through the will, an individual can designate
the guardian for his or her minor
children. Such designation can only be
made through a will or trust.
Estate planning is not limited to wills.
While a will only goes into eff ect when
an individual dies, there are other documents
that are necessary while the person
is still alive. Th ese documents are
referred to as advance directives and are
vital to have in case one becomes incapacitated.
Becoming incapacitated is not
limited to the elderly. A power of attorney
is a document through which one
can designate an agent to act on one’s
behalf with respect to fi nancial matters
if one should become incapacitated. Th e
power of attorney enables the individual’s
fi nancial life to continue in a fl uid
matter and, oft en, the agent also has the
ability to engage in additional planning
to preserve the person’s assets. Without a
power of attorney, the individual’s assets
cannot be accessed and no planning can
be eff ectuated. In such a case, the family
or friends will have to resort to guardianship,
which involves a costly and protracted
legal process.
A health care proxy allows an individual
to designate an agent to make medical
decisions should such person be unable
to do so. Finally, a living will is the document
through which one can articulate
one’s end of life wishes. Th e benefi t
of engaging in this estate planning is that
each individual can specifi cally designate
who his agents will be. Further, each person
can also articulate his own precise
wishes both fi nancially and medically, in
case of any future incapacity.
Death and incapacity are sobering topics.
Most people would prefer to avoid
these subjects altogether. Our advice is
to meet this head on. One should engage
in the requisite planning and then enjoy
the notion that – regardless of age- one’s
aff airs are now in order.
Ronald A. Fatoullah, Esq. is the founder
of Ronald Fatoullah & Associates,
a law fi rm that concentrates in elder
law, estate planning, Medicaid planning,
guardianships, estate administration,
trusts, wills, and real estate. Debby
Rosenfeld, Esq. is a senior staff attorney
at the fi rm. Th e law fi rm can be
reached at 718-261-1700, 516-466-4422,
or toll free at 1-877-ELDER-LAW or
1-877-ESTATES. Mr. Fatoullah is also
a partner with Advice Period, a wealth
management fi rm that provides a continuum
of fi nancial and investment advice
for individuals and businesses, and he
can be reached at 424-256-7273.
RONALD FATOULLAH
ESQ, CELA*