Author Rosenstiel presents a panoramic view of the problems and perils that can beset families who have not thoroughly examined and planned for the care of their elders. Although the legal system has been gradually finding ways to protect itself at a general level, current circumstances have created a growing crisis due to inflation, higher healthcare costs, and the methods by which elder care facilities will extract payment. Problems may arise due to the chaos and often depression and general confusion that may affect family members in dealing with parents or other relatives with serious physical ailments and the increasing occurrence of dementia.

The author endured nine years of struggle while her mother was under the sway of commercial guardianship. She rose to conquer through contacts with journalists and extensive research. This would later enable her to have a far greater understanding in assisting her husband in similar circumstances: "he stayed a free man until his dying day." She learned that judges may treat fellow professionals with respect and ignore or even suppress the input of family members.

Rosenstiel recounts many factual situations to underscore her well-researched assertions. One such involves a family ranch in New Mexico. When the family patriarch was hospitalized after a life-threatening accident, his eldest son contacted an estate attorney. Without prior knowledge of legal processes, he would later learn that she had dissolved his father's trust; the family business would be lost. The attorney had acted according to the law and won the case that the son brought against her. The lesson, as in many of the case studies presented here, is that the law often protects itself while the wishes of families, frequently acting amid turmoil and confusion, are legally neglected or negated, resulting in the family paying exorbitant fees based on legal convention. For these reasons, Rosenstiel insists, the system must be changed to protect elders better and uphold the rights of families seeking a fair distribution of the designated funds.

Rosenstiel, a world traveler who has sought education in a wide range of fields, including musicology, ministry, and public health, has developed a finely honed approach to the central theme presented here, combining detailed facts and personal verve—a combination that will engage readers across a broad spectrum. Her contact with those in the legal profession and those feeling its possible pressures and inequities has resulted in other, award-winning works, including Protecting Mama: Surviving the Legal Guardianship Swarm. Her dedication to her cause is evident and has allowed her to educate others in group settings and individual consultations. She makes a point to exhort her audience to remain in communication with their family members about possible treatments and the wishes of older members, signing contracts that agree to uphold the processes outlined in a will, and in general, to avoid the assumption that they need not go to court. Through this valuable work, she also prepares them for that experience. Rosenstiel offers vivid case studies, poses relevant questions, and sets forth strongly supported suggestions that give family members who seek and need this crucial material a fighting chance at beating the system.

RECOMMENDED by the US Review

Return to USR Home