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Center for Elders and the Courts
Aging: The Role of Courts
Introduction
Medical and Social Aspects

Key Legal Issues

The Role of the Courts

Creating Innovative Programs

The complexity of many cases involving older persons and challenges associated with ensuring that justice be served in a timely manner are some of the reasons for applying problem-solving approaches for this subset of the population.  The National Center for State Courts offers a Problem-Solving Toolkit that outlines problem-solving court approaches and the steps necessary to successfully develop such a program.  In addition, Rothman and Dunlop discuss Judicial Responses to an Aging America  in an issue of Court Review.  The key to developing elder-friendly programs is the use of specialized staff and/or case managers to create linkages between clients, courts, and local service providers.

Oval: Promising Practice Florida’s Elder Justice Centers Several courts, in partnership with local agencies and governments, have created innovative programs to provide assistance for older persons.  Examples of innovative strategies include Elder Justice Centers (EJCs) and Elder Protection Courts.  The general mission of these programs is to remove barriers to the court system and to enhance linkages between elders, courts, and service providers.  Variations of these models can be incorporated into existing court programs and can be adapted to meet needs of the local community.  For example, the EJC in Tampa directs many of its resources to Probate Court to help with guardianship cases, while the Palm Beach EJC focuses on elders arrested for crimes as well as other legal matters referred by the court. 

Elder Justice Centers

13th Circuit Court’s Elder Justice Center

In Tampa, Florida, the Florida State Courts System and Hillsborough County funds the Elder Justice Center, which serves persons over the age of 60.  The EJC provides five primary functions:



  1. A designated facility to respond to the needs of the seniors in the community, including information and referrals. The facility’s services can include assisting with communication devices, providing a library of brochures on available services in the surrounding community, and providing wheelchairs for use as the courthouse.
  2. Public education to the elderly and those who work with them.  Topics can include telemarketing and consumer fraud, elder abuse, identity theft, family guardianship, and professional guardian continuing education.
  3. Coordination with existing agencies, such as legal services, law enforcement, and long term care facilities, that presently provide services to seniors and provide case management services as needed.
  4. Case management services to victims of abuse, neglect, or exploitation, including victim advocacy in criminal cases, victim services for domestic violence injunction, and case coordination when an elder is involved in multiple cases or divisions.
  5. Case management and monitoring services, including the review of all initial guardianship reports, the review of all annual guardianship reports, the review of guardian fee petitions, and court monitoring services, in guardianship cases for wards of the court.

Palm Beach County’s Elder Justice Center

The Board of County Commissioners provides funding for an Elder Justice Center in West Palm Beach.  Resources are made available to persons over the age of 60 who may be involved in the court system.  The EJC provides guidance and referrals, ensures access to the courts and various programs, provides information and makes recommendations to the Court regarding the special needs of older persons, and participates in the community’s service provider network.
Oval: Promising Practice Elder Protection Courts

Elder Protection Courts

The concept of the Elder Protection Court originated with the Superior Court of Alameda County in California.  The California Bar Journal published an article highlighting the innovative program.  The program is guided by an Elder Access Committee, which meets quarterly and includes judicial officers, other court divisions, agency partners, and the legal community. Funded by the Judicial Council, the project offers the following services and resources:


  • Collaboration with system partners to provide legal and social services related to elder abuse.
  • Development of procedures to identify, track, investigate, manage, and refer cases involving elder abuse, and the use of a case manager.
  • Improvement in access to the court and court filing procedures for older adults involved in elder abuse cases.
  • Creation of a service referral system through the case manager.

Additional Online Resources

Effective Court Practice for Abused Elders
10 Tips for Creating an Elder Justice Center (video)
10 Tips for Creating an Elder Protection Court (video)
The Center for Elders and the Courts is supported by Grants #2008-056 and 2011-115 awarded by The Retirement Research Foundation (RRF) of Chicago. RRF is devoted solely to serving the needs of older persons in the U.S. and enhancing their quality of life.