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Kevin’s Peace of Mind
www.kevintharpe.com (770) 503-1022
September 2022
THE SANDWICH GENERATION Becoming Empty-Nesters and Caring for Aging Parents
Missy and I are now empty-nesters. Our daughter Callie is off at college, and it’s just the two of us and our dog Mulberry at home. It’s a bit weird not having Callie at the house. We were used to her being in her room, coming downstairs for dinner, or watching the Braves and college and pro football on TV with us. We plan to visit her from time to time, and I know she will be back to celebrate birthdays, holidays, and breaks. My own college experience also tells me that she will come back home when she runs out of money or when her laundry bag is full. With Missy and I becoming empty-nesters, I’ve noticed that our focus has shifted somewhat from raising Callie to helping take care of our parents. Missy and I are now a part of what many experts call the “Sandwich Generation.” We are now part of a group that is both assisting our children into adulthood while also assisting our aging parents. I am now in a position that most of my clients are in, and I can empathize. I truly understand how overwhelming this position can be. But I do have some advice and suggestions that will help you and me during this time of our lives. 1. Carve out time. Make sure you set aside time for yourself and your spouse if you are married. It’s stressful to juggle different roles and responsibilities, especially when caring for an aging parent. That’s why it’s essential you take time to relax. Missy and I will take our dog on a walk together, go to dinner together, hang out with friends, or catch up on some shows we haven’t gotten to watch. We’re also planning on taking a trip every quarter to get away from the day-to-day activities. 2. Set boundaries & expectations. You also want to set boundaries and expectations as to who is doing what and how and when things are being done. Communicate those to your loved ones. Communication is vital and will ensure everyone is on the same page and may reduce the stress you or your loved ones feel. 3. Figure out important legal things. There are three things I recommend to prepare yourself and your family in this time of life, especially when assisting aging parents:
As an elder law and estate planning attorney, I focus on these three things in planning for clients, especially those who are assisting their parents in their golden years. My clients’ main concern when taking care of their
parents is how they will manage their parent’s assets while they are still alive. Some tell us that our parents need to give up ownership of their assets to protect them from the expenses of care, especially long-term care. I don’t recommend that. Giving up ownership is not the best way to protect assets, mainly because it actually un-protects assets, and it’s unnecessary. Our parents should keep ownership of their assets, and instead provide you with access to their assets to help them if they’re unable to because of incapacity. Also, current law says that it is the type of asset that determines protection, especially if a nursing home is a part of care. Assets like our home/land and retirement accounts are some of the types of assets that are protected from nursing home spend-down. This law of asset protection remains as long as there is no transfer of ownership of assets to the kids or to an irrevocable trust. A Revocable Living Trust and a Financial Power of Attorney are the legal documents that we recommend. Both of these legal documents allow our parents to keep ownership of and access to their assets while living. Neither of these legal documents changes the type of assets they own and both of these legal documents provide you with access to help take care of them while their living, as well as provide you with access after their death, without having to take any extra steps like going through probate. I understand both professionally and personally the joys and worries of becoming a part of the “Sandwich Generation” — you’re not alone.
i) Your parents must keep ownership of their assets
Let’s ease those concerns and give you and your family peace of mind!
ii) Focus on access
www.kevintharpe.com | 1 —Kevin Tharpe
iii) Look at the types of assets owned
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Thinking Outside the Bun Leads to Legal Action The Story of 50 Cent vs. Taco Bell
In 2008, rapper 50 Cent filed an unlikely lawsuit against the fast- food chain Taco Bell. Was it an endorsement deal gone wrong? Quite the opposite. According to the rapper, the company had implied an endorsement deal in the media when there was none. Taco Bell, known for their quirky and humorous ads, had released a print ad formatted as a faux “letter” to 50 Cent, requesting that 50 Cent change his name to 79, 89, or 99 Cent as a part of their latest promotion. The letter reached the national press and even television … except for 50 Cent’s actual mailbox. In fact, 50 Cent had no idea Taco Bell used his name. By releasing the letter, 50 Cent became the face of Taco Bell’s whole campaign, too. The letter was part of a larger hip hop-themed campaign, and customers could go to the Taco Bell website and participate in a “Rap Name Creator” to discover their rap name. They also had a “Why Pay Mo’ Rhyme Generator” that played hip hop music and a montage of “hip hop-themed scenes,” according to the rapper’s lawyer, Peter D. Raymond.
— filed a federal lawsuit saying they featured the rapper in an ad campaign without his permission and profited directly from his celebrity status without paying him a multimillion-dollar fee. Raymond said his client sought $4 million in damages.
In response, Taco Bell Corp. spokesman Rob Poetsch issued a statement saying: “We made a good faith, charitable offer to 50 Cent to change his name to either 79, 89 or 99 Cent for one day by rapping his order at a Taco Bell, and we would have been very pleased to make the $10,000 donation to the charity of his choice.” In the end, both sides settled, keeping the terms of the settlement confidential and paying their own legal fees. So, it’s possible that 50 Cent was paid after all, but we’ll never know the exact terms of their legal agreement, except “both sides are satisfied,” according to Raymond. Since then, more companies have been careful about using celebrity names in their marketing without permission. It pays to think inside the bun, after all.
As soon as 50 Cent found out about the letter on the news, he wasn’t happy. On July 23, 2008, 50 Cent — whose real name is Curtis Jackson
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Step 2: Consider hiring an attorney.
• Legal representation. If you have an attorney — and a debt collector knows this — they aren’t allowed to contact you. They must contact your attorney instead. If you are called by a debt collector while you have legal representation, make sure to give them your attorney’s information. When a debt collector calls, they should identify themselves as a debt collector. Afterward, they’re required to state the amount owed, that you can dispute the debt, and that you can request the name and address of the original creditor (if different from the current
You may want an attorney as soon as you can, so you can receive the best guidance possible. A lawyer will be your advocate when collectors engage in harassment or communication that is abusive, threatening, or deceptive. What is harassment? It includes using profane language; threatening bodily harm; misrepresenting what you owe; making false claims that you could be arrested; threatening your property; making repeated attempts to contact you or calling you anonymously; or, as mentioned earlier, failing to state debt and creditor information on the call as required by FDCPA.
creditor). They should also tell you that any information provided to them in your calls, emails, or other communication will be used in their efforts to collect the debt. There are even more restrictions on who they can call, so make sure to research for yourself if your loved ones begin receiving calls from your debtor.
Step 3: Report any violations to the FTC.
The Federal Trade Commission (FTC) has an online website for reporting FDCPA violations, but your attorney can help with this as well. Take a look at FTCComplaintAssistant.com . We hope this helps our readers to stay safe from abusive collectors. Although debt can make us feel vulnerable, never forget that you do have rights.
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Workers shouldn’t have to choose between the job they need and the family members they love. The Family and Medical Leave Act (FMLA) was created to allow employees to take reasonable unpaid leave for a particular family or medical reason so they can maintain a work/life balance. What does it provide? The FMLA provides eligible employees up to 12 workweeks of unpaid leave a year with the requirement of group health benefits to be maintained during the leave as if employees were continuing to work. They are also entitled to resume their same or equivalent job at the end of their FMLA leave. Who is eligible for FMLA? FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. Employees can be eligible for FMLA if they have worked for their employer for at least 12 months, worked at least 1,250 hours over the past 12 months, and work at a location that employs 50 or more employees within 75 miles. When can I use FMLA leave? An eligible employee can be granted up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the following reason(s): LIFE CAN BE UNPREDICTABLE Preserving the Balance of Work and Family Life
TAKE A BREAK
GOULASH, HUNGARY’S NATIONAL DISH
Ingredients
• 2 tbsp extra-virgin olive oil • 1 yellow onion, chopped • 2 cloves of garlic, minced • 1lb ground beef • Salt and pepper, to taste • 1 tbsp tomato paste • 1 1/4 cups beef broth • 1 15-oz can tomato sauce
• 1 15-oz can diced tomatoes • 1 tsp Italian seasoning • 1 tsp paprika • 1 1/2 cups elbow macaroni, uncooked • 1 cup shredded cheddar cheese • Fresh chopped parsley, for garnish
• Birth of and/or bonding with a newborn child
• The placement of a child for adoption or foster care with the employee
• To care for an immediate family member with a serious condition (child, spouse, or parent, but does not include parent in-laws)
Directions
• To take medical leave when the employee is unable to work due to a serious health condition
1. In a large skillet over medium heat, add olive oil and wait for it to heat. 2. Once heated, add onion and cook for 5 minutes, then add garlic and cook for 1 minute. 3. Next, add the ground beef to the skillet, and cook until no longer pink. Drain the grease, then add salt and pepper. 4. Stir in the tomato paste, beef broth, tomato sauce, and diced tomatoes. Season with Italian seasoning and paprika. Add macaroni to the skillet. 5. Bring mixture to a simmer and let it cook for 15 minutes. Stir the pasta occasionally. 6. Mix in the cheddar cheese and remove the heat.
• For qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is on covered active duty or call to covered active-duty status as a member of the National Guard, Reserves, or Regular Armed Forces The FMLA exists so employees can tend to their families without worrying about their job, allowing them to provide the best care for their loved ones. For more information regarding whether or not your company is eligible for FMLA, check out your local government agency for more details.
Inspired by Delish.com
www.kevintharpe.com | 3
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(770) 503-1022 www.KevinTharpe.com 405 Broad St. Gainesville, GA 30501 INSIDE THIS ISSUE
Welcome to the Sandwich Generation!
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Why Did 50 Cent Sue Taco Bell?
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Goulash, Hungary’s National Dish Your Guide to Family and Medical Leave
Can Collections Go Too Far?
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Know Your Legal Rights! When Collections Go Too Far …
Did you know that millions of Americans have debt in collections? Anyone who has ever dealt with a collection agency can attest that it’s no fun. Luckily, there are laws that limit what collection agencies can and cannot do.
Step 1: Know your FDCPA rights.
• Time. Debt collectors are only allowed to call you between 8 a.m. to 9 p.m. in your local time zone. Any calls outside these hours are an FDCPA violation. • Place. You may be contacted by phone, mail, fax, or email; however, collectors can’t contact you in “unusual places,” such as hospitals, schools, or restaurants. Although they can call your home or office, you have the right to tell them not to contact you at your workplace.
If you ever fall behind on paying your mortgage, credit card debt, medical debt, student loans, or auto loans, it’s important to know your rights under the Fair Debt Collection Practices Act (FDCPA). Especially for individuals, FDCPA covers all kinds of debt — but specifically targets third-party debt collectors such as collection agencies, debt buyers, and lawyers who practice debt collection as part of their business.
When, where, and who can contact you to collect your debt? There are some limitations, such as:
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