Friday, October 24, 2014

Tuesday, March 23, 2010 Me, Community Member, asks

Q: Power of Attorney and Form 1040

I have a POA for my Dad who has Alzeimer's, how do I sign his tax return. Do I have to include a special form?

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Answers (2)
AFA Social Services, Health Guide
3/24/10 1:14pm

To get the most accurate answer, it is advisable that you speak to an accountant or elder law attorney on this matter. Elder law attorneys in particular are experienced in finances and decision-making. Elder law attorneys can be found in the local phonebook, or in at the Web site of the National Association of Elder Law Attorneys (www.naela.org).  Many communities also have programs that offer free legal advice and assistance through various volunteer groups.  The local Bar Association in each state will have further information on such programs.  The American Bar Association can provide referrals to local groups in each state (www.abanet.org). 

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Carol Bradley Bursack, Health Guide
3/25/10 10:47am

Thanks for this great answer!

Carol

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NC, Community Member
3/23/10 12:19pm

You can be POA for your Dad for IRS.  it is form 2848.

The "POA" we have is not good enough. In fact, each financial co. needs its own POA document.

 

In any case, IRS only allows POA for 3 years maximum. So after 3 years, you need to renew it. What we do with my  FIL who has stage 6 Alzheimer's is that he can still sign so he signs the tax returns now. My husband has IRS POA now. The IRS or state tax agency won't care if he is really competent or not - they just want the taxes.

State POA may be a lifetime - you just need to get the POA form for the state and notarize it. IRS form 2848 only needs notarized signature from you so he does not have to go out to be notarized. But state POA needs notarization for all people who sign.

 

Guardianship does all automatically but it is another thing.

We cannot have guardianship so this is the way we do it.

 

Regards,

Nina

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Me, Community Member
3/24/10 10:46am

Thank you.  I in confused as to which form the IRS wants, Form 8821, Form 56 or Form 2848.  My understanding is that the Form 2848 is for a person eligible to "practice before the IRS, " as stated in the instruction for Form 2848.  Although I feel confident in preparing somewhat simple returns, I do not feel confident to pratice before the IRS as Enrolled agents, CPA, or tax attorneys do.  At this stage, I believe that having my Dad sign his return is the easiest route and include me as the third party notifier.    

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NC, Community Member
3/26/10 3:03pm

Thank you for the reply. I find that Form 56 is very useful for my husband as trustee! We will use that for all tax years!! Super! We also need to amend some taxes for my FIL.

 

Form 8821 does not really report taxes - it only receives and inspects confidential data??? He still has to sign.

 

If you are guardian or trustee, use form 56. Or use form 2848 for POA purpose.

 

Regards,
Nina

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By Me, Community Member— Last Modified: 10/26/11, First Published: 03/23/10