This blog post was written by Hannah Zip, Estate and Trust Consultant, Scotiatrust Toronto

People over the age of 65 accounted for 19% of the Canadian population in 2023, according to Statistics Canada. This diverse and growing group of individuals commonly encounters ageism, one of the remaining socially accepted “isms”. Ageism is defined by the World Health Organization (WHO) as discrimination against people due to negative, inaccurate stereotypes and prejudices based on their age. It is also important to be aware that intersectionality also impacts the experience of ageism. For example, certain groups of older persons may experience unique barriers of their age combined with their gender, disability, sexual orientation, ethnicity, religion, culture and language.

Ageism is prohibited in the Canadian Charter of Rights and Freedoms, which applies to all jurisdictions and governmental entities. Each province also has a human rights statute prohibiting discrimination based on age. There are civil and criminal remedies for ageism across the country. Yet, ageism persists. Ageism is so ingrained in our culture that we barely notice it. According to the “Global Report on Ageism”, published by WHO, ageism is rampant and in order to combat it we must recognize when it is occurring.

Some examples of ageism in estate planning include:

• Allegations that the deceased individual was “frail and vulnerable”, therefore they either lacked capacity or were susceptible to undue influence.
• Rights to privacy and confidentiality being disregarded when there is a dispute regarding guardianship or use of power of attorney.
• Requiring a client to undergo a capacity assessment before drafting a will based solely on a client’s age.

Ageism can impact will and estate planning by influencing how older adults’ legal capacity and decisions are viewed and respected. However, this must be balanced by the need to protect adults who may be vulnerable to abuse.  While it is not the case that all older adults have cognitive impairment, with longevity can come an increase in cognitive deterioration due to a number of medical issues, diseases and disorders that affect capacity and cause an increase in susceptibility to being vulnerable and dependent. This requires us to be self-aware of our own unconscious biases and stereotypes, particularly when we are communicating and working with our clients, to not jump to conclusions or ignore signs of abuse or undue influence.

Older adults should not merely be free from derogatory stereotypes and ageist prejudices, but they should also be free from financial, emotional and physical and sexual abuse. Ageism is about dignity and inherent in dignity is security. Estate planning should ensure that the client is entitled to the same security as all other human beings. Ensuring that abuse is minimized while still upholding the human rights of the adult requires vigilance to the warning signs of abuse or cognitive decline, and awareness of the rights we all have to make our own decisions, even if others do not agree with those decisions.