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Elder Law Issues
MARCH 31, 2008  VOLUME 15, NUMBER 40

Senior-Friendly Writing Improves Client Understanding

We change as we age. That is hardly a ground-breaking observation. But did you realize that the ability of seniors to read, understand and even process written materials changes with the aging process? Have you considered how information ought to be presented to older readers, including clients?

Research on the cognitive changes associated with aging shows that older people have to work harder to process information quickly, understand complex material or solve new problems. Consider, as one obvious example, the variety of information conveyed in a typical estate planning consultation. A given client may not have had much prior exposure to concepts like income and estate taxation, wills and trusts, durable powers of attorney and health care powers of attorney. At the end of an hour-long discussion, we expect clients to be able not only to understand and recall a wide range of material, but also to distinguish these similar-sounding concepts and apply them all to their own situation.

There are some widely accepted techniques available to improve comprehension and to make it easier to discriminate between similar-sounding concepts. Among the key points: it is often better to summarize the information in writing, so that the individual can review it over time and at his or her own pace. There are also some rules for improving the effectiveness of written communication for seniors.

Older individuals may experience some vision impairment, and so font size is important. Everything should be written in 12-14 point—but larger than that can actually reduce readability. Font families are also important — it is easier for most people to discriminate sans-serif fonts (Helvetica, or Arial) than the more common serif fonts (Times New Roman or Georgia). Fancy fonts like Old English can be especially challenging.

Write simple, direct sentences in active voice. Put the important material at the front of documents. Use repetition to emphasize important points. Does it help to include questions in the body of the text? Yes, according to research.

Older clients may have trouble with complex diagrams and charts — like those estate planning diagrams used to calculate possible estate tax savings from a bypass or QTIP trust. Pictures, on the other hand, relieve the flow of text, help readers recall the points, and improve readability and comprehension. Offer a smaller number of key points and action steps. Shorten sentences and paragraphs.

Consider the look of any document you draft for an older reader. Consider double-spacing. Use italics, bolding and all caps sparingly, and then only on the few key words requiring emphasis.

All of those suggestions, and more, can be gleaned from several professional analyses of how to improve comprehension by older readers. The National Institute on Aging (one of 27 Institutes making up the National Institutes of Health), for example, has some tips for "Making Your Printed Health Materials Senior Friendly" that clearly apply to legal writing as well. The NIA/NIH suggests that you pay more attention to fonts, avoid using yellow and blue and green in close proximity, try to suggest only one or two things at a time (we've failed that one miserably here).

Another National Institute on Aging publication, this one in conjunction with the National Library of Medicine, provides a checklist of similar items when writing for the internet. "Making Your Web Site Senior Friendly" suggests left justification (it really is easier to read than full justification), double spacing and dark type against light backgrounds rather than the reverse.

How did we do here? Not well. Our defense: this article is intended to be information-dense, and is targeted to a professional, somewhat younger audience which can be expected to analyze the various suggestions and spend more time with concepts that may be more thought-provoking than imperative. But our recent review of readability will now start making its way into our office documents and our website. We hope to improve our readability and our clients' comprehension. We will try to remember to keep you posted.

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