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San Diego Elder Law Center E-News
Serving the legal needs of San Diego's elder and  disabled communities, their families and caregivers
January 2009 - Vol 5, ISSUE 1
In This Issue
Five Star Rating For Nursing Homes
Congress Waives Retirement Account
Updating Your Estate Plan
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Thank you for subscribing to our e-newsletter! We hope you find the contents relevant,interesting and informative. Please give us your feedback on these articles, and ideas for future articles that would interest you. You can reach us for comments and other info at www.sandiegoelderlaw.com


Five-Star Rating System for Nursing Homes Arrives -
 
Attorney Philip Lindsley 
 
For Better or for Worse
 

The Centers for Medicare & Medicaid Services (CMS) has unveiled a one-to-five-star rating system for nursing homes to help consumers evaluate a nursing home's quality when selecting a facility. The ratings appear on the agency's Nursing Home Compare Web site.

A five-star designation means the facility ranks "much above average," four-star indicates "above average," three means "about average," two is a "below average" ranking, with a one indicating that a facility ranks "much below average." The rankings, which will be updated monthly, are based on a nursing home's performance in three areas: quality measures, nurse staffing levels and health inspection reports.


 
 Congress Waives Retirement Account Distribution Requirements for 2009


Congress has passed and President Bush signed legislation that temporarily suspends the penalty for seniors who fail to take the required minimum distribution from IRA and employer retirement accounts in 2009.
 
But the penalty freeze, which is part of the Worker, Retiree, and Employer Recovery Act of 2008, does not affect required distributions for 2008, which are hitting seniors the hardest, and some contend that the suspension for 2009 will only benefit more affluent seniors.
 
Since the idea of retirement accounts is to encourage taxpayers to save for retirement, there is normally a penalty for failure to withdraw once the account owner reaches retirement age -- after age 70 1/2. Taxpayers generally must begin taking annual distributions from their retirement accounts by the April 1 occurring after they reach age 70 1/2 or pay a whopping 50 percent excise tax on the amount that should have been distributed but was not. The percentage that must be withdrawn is based on life expectancy and increases each year. For someone who is 70 1/2 years old, the required withdrawal would be 3.65 percent of the total retirement account balance.
 
But with the stock market plunge, about $2 trillion evaporated from workplace retirement plans between October 2007 and October 2008, according to the Center for Retirement Research at Boston College. To prevent seniors from being forced to sell stocks in a down market, Congress suspended the required minimum distribution rule for 2009.

 
Updating Your Estate Plan When Your Finances Change

 
In the recent economic downturn, many homes have lost considerable value and stock portfolios have plummeted. If this is the case for you, do you need to change your will? What if your income and assets have increased significantly? If your finances have changed markedly since you wrote your will, you should check your estate plan to see if you need to make any changes.





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This publication is intended for general information purposes only. It is not intended to constitute individual legal advice to any specific client.

San Diego Elder Law Center: Our knowledge, your peace of mind . . .
Philip P. Lindsley, Certified Elder Law Attorney
San Diego Elder Law Center
 
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