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At San Diego Elder Law Center, our practice specializes in Elder and Disability Law. In particular, we assist our clients with:
10 Steps to Less Stressful CaretakingTaking care of an elderly loved one, whether due to dementia or illness, can be exhausting and stressful. Often due to the lack of outside help, a devotion to the person needing care, or the tunnel vision that can accompany exhaustion, caretakers don't take care of themselves. Yet it is a crucial component of the job. Failure of caretakers to take car of themselves can lead to burnout, injury or illness. If you are the caregiver, any of these results will harm your ability to care for your loved one. Here are some ways to take care of yourself and make sure you can take care of your loved one. The list is adapted from New York Times columnist Jane Brody's excellent Nov. 17, 2008, column, "Caring for Family, Caring for Yourself." 1. Take a break every day. Make sure you have some down time to relax, whether it's watching television, reading the newspaper, or calling a friend. Make sure you do at least one thing for yourself every day. 2. Take a break every week. If possible, get out of the house at least once a week to do something you want to do - go to the movies, have dinner with friends, whatever works for you. If you cannot get someone to cover for you, have friends over to your house. 3. Get respite. Take a break of at least a week at least once a year. You can hire help in the house or arrange for a respite stay at an assisted living facility or nursing home. 4. Get regular exercise. It's necessary for your health and to moderate any stress you may be feeling. If you can't get out of the house to exercise, buy or rent a stationary bicycle or other exercise equipment. 5. Eat well. Make sure you stay healthy and have sufficient energy to do what you need to for your loved one. 6. Get enough sleep. Lack of sleep will sap your patience and reserves, making it more difficult for you to provide the care you would like to give your loved one. 7. Join a support group. While you may or may not be in this alone, you're not the only one in this situation. Others are going through similar experiences. Here are sources for finding support groups: the National Family Caregivers Association (www.nfcacares.org) and its Community Action Network (www.thefamilycaregiver.org), and the Family Caregiver Alliance and its online support group (www.caregiver.org). 8. Hire a geriatric care manager. An experienced geriatric care manager can help you determine whether your loved one is receiving the most appropriate care and what resources in the community are available to assist you. For more on geriatric care managers, click here. 9. Consult with an elder law attorney. In order to access many of the programs recommended by the geriatric care manager, your loved one will have to qualify financially. An elder law attorney can help you qualify for these benefits. In addition, make sure you don't get hit with a double financial whammy of losing years of earnings while you're caring for your family member and losing his or her assets due to squabbles with other family members or Medi-Cal estate recovery. Also, you may be entitled to some pay by the state for the care you are providing. 10. Lotsa Helping Hands. Check out http://www.lotsahelpinghands.comas a resource for getting volunteer help in your community and coordinating the help your family and friends already provide. In short, think of the care you are providing as a marathon, not a sprint. You need to pace yourself and conserve your energy for the long-term. Too much stress and exhaustion won't help your loved ones. |
IRS Clarifies Recent Law Waiving Account Distribution Rules for 2009The Internal Revenue Service (IRS) has issued guidance to financial institutions clarifying the new law that allows seniors to avoid making required withdrawals from depleted retirement accounts in 2009. Taxpayers over 70 1/2 years old generally must begin withdrawing a certain percentage of the balance of retirement accounts like IRAs and 401(k)s each year or pay, in addition to income tax, a 50 percent excise tax on the amount that should have been withdrawn but was not. While taxpayers who turned 70 1/2 in 2008, can delay the 2008 distribution until April 1, 2009, the guidance makes clear that those seniors must still take their withdrawals because the new law only suspends required withdrawals for the 2009 tax year. Some beneficiaries must deplete an IRA by the fifth anniversary of the IRA owner's death. The guidance explains that if a beneficiary must take required minimum distributions under the five-year rule and the fifth year is 2009, the beneficiary has an extra year (until 2010) to liquidate the account. Finally, according the guidance, the IRA trustee is not required to give the IRA owner a notice detailing the required withdrawal for 2009. Instead, the trustee may, if it wishes, send a statement that the required distribution is zero or a statement showing what the required distribution would have been and an explanation of the waiver. |
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Philip P. Lindsley, CELA*, CLS**
*Certified Elder Law Attorney
**Certified Legal Specialist, Estate Planning, Trust and Probate
The State Bar of California
Board of Legal Specialization
4364 Bonita Road, PMB 461
Bonita, California 91902
(619) 235-4357



