Globe Syndicate
For
release
The Sandwich Generation . . . Helping Your Aging Parents
by Carol Abaya, M.A.
CREDITORS ARE LIMITED
Question: My parents, mid 70s, had work done on their
house by a shoddy contractor. The work was
so bad; they refused to make the final payment of $3,000. The contractor sued and put a lien on my
parents’ bank account. Their Social
Security checks go into this account, and that’s what they live on. What should they do?
Answer: The easiest and fastest thing to do is to
open a new bank account and have the social security checks deposited into it.
Federal law prevents creditors from
attaching social security and many old-age pension payments. For your parents to have access to the money
in the current account, they can go before the judge and show that the money is
from social security. He should then
release the funds.
Question: My mother, 71, bought a new microwave on
store credit. From the beginning, she
had problems with it. The store has not
been cooperative, so she stopped payments.
Now she is being harassed by a debt collector, who is threatening to
come to her house. She’s scared.
Answer: First, your mother should report the problem
to her local consumer affairs office.
Many such offices are very aggressive in helping older consumers deal
with unethical or problematic stores or service companies.
Second, the federal Fair Debt
Collection Practices Act protects consumers from harassment practices. Your mother should notify the debt collector,
IN WRITING, that she refuses to pay the debt, and why, and that she wants the
collector to cease further communication with her. The collector must then stop telephoning her
and cease all other communications, except to notify her if other action, such
as a lawsuit, is being taken. If your
mother gets an attorney, the collector cannot contact your mother directly at
all.
While the microwave is guaranteed by
the manufacturer, a reliable store should help you if an item is defective.
Question: My mother, 80, lives in an older apartment
house, which has not been well maintained.
Her toilet has been overflowing on a regular basis for the past three
months. She has called the landlord at
least 15 times and so have I. The
landlord has done nothing. It is very
hard for her to have to clean up after an overflow. Now she is getting scared to even go to the
bathroom. Both her mental and physical
health is being affected. What should
she do?
Answer: If a landlord refuses to make necessary repairs,
a tenant has the right to (1) have the repairs made and deduct the amount from
the rent or (2) not pay the rent until the repairs are made and put the rent
money in a separate bank account to show good faith.
In both cases, she should consult an attorney to make sure her actions will hold up in court. If she has limited income, the local legal aid society (free lawyer help) should be contacted.
Are you juggling doing errands for your aging parents, your children, yourself and working at the same time? Are you tired, stressed out and upset that your once vibrant parent is now frail and needy?
Do you feel alone? Rest assured you are not alone! The Sandwich Generation is dedicated to the 50 million Americans who may have elder/parent care concerns and/or responsibilities.
* * *
Do
you have a question? Send it in. Although letters cannot be answered
individually, appropriate letters will be answered in this column whenever
possible. Letters may be edited. Send letters to Ms. Carol Abaya, mail direct
to her at
Carol Abaya is an international-award-winning journalist and creator of the unique magazine The Sandwich Generation: You & Your Aging Parents.
NOTES TO EDITORS: text = 511 words; other material = 160 words
We would appreciate it if you would include the "Globe Syndicate" bug at the end of the column.