Globe Syndicate

 

For release Friday September 8, 2006

 

 

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.

 

 

 

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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 PO Box 132, Wickatunk, NJ 07765-0132 or contact her through her web site: thesandwichgeneration.com.

 

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.