A Slightly Different Consent

[Lion]

Anyone have any boilerplate already stored in your documents to share? I have an elderly client in CT with Parkinson's and medication every three hours that blurs his vision, makes him dizzy, hard to concentrate, etc. He has given his son in CO POA and wants me to keep son in the loop. If they both lived in the same house or came together to appointments and we had three-way conversations with the client leading, I'd be comfortable. But, now I must write e-mails to the son re his father, make phone calls where I don't know who else might be listening in, etc. I know there's a daughter with mental problems in the picture. What wording do you suggest I have the father sign to give me a blanket permission to provide information to his son, preferably one lasting into the future as long as the dad is my client.

[Jiggers]

Poa

You said the son has a POA. Get a copy and be sure it has something in there about handling all tax matters.

I would also get a Disclosure Form signed by the father, covering everything, with an expiration date of maybe 10 years from now, or maybe up to "death of father".

[Lion]

Poa

Good point about getting a copy of the POA for my records. I'm going down to the son's today (after the cable company gets here to repair our phones and internet and after the snow plows clear the streets) and will see if dad has a copy. If not, I'll ask the son to send me a copy.

I think I'll use the consent form template that's for being able to give tax info to a mortgage company, etc., as a starting point and beef it up for sharing all discussions with son for ten years or whatever. (Don't really want to give dad something to sign that uses the word "death.")

Should be going to church right now, but cable company is coming between 10 a.m. and 5 p.m. We've been out and in and out since Friday morning, but this was the earliest appointment they had.

[FEDUKE404]

Powers of the POA

A well-written POA should cover just about anything, except of course "the government" stuff (IRS/Soc Security/Medicare). Medicare is a bit easier, as the member can specify just about anyone as a representative to discuss billing/charges, but said member's POA cannot sign that first authorization document.

Some places will get a bug up their behind if the POA is not "fresh," but in general you should be OK.

As for the government, you either have to fill out their separate authorization forms, rewrite the POA to include their very specific verbiage, or just let your client scratch something on the document (possibly witnessed).

All of this comes from the wars I have fought along a similar avenue, and I have the scars (and the near ulcers!) to prove it.

FE

[FEDUKE404]

One more POA trick

I have found it quite useful to have the POA in a PDF format, which can easily be sent as an e-mail attachment to banks/doctors/pharmacies/utilities.

A POA usually is basic boiler-plate anyway and contains no potential ID theft info. I always first get someone on the phone and say "give me YOUR e-mail address and it will immediately be on the way." Since most places now review/scan documents into their own computers anyway, it saves a lot of paper/ink, postage, and time.

Instead of a "Dear Sir.....here 'tis" letter I get a response along the line of "Received the document, we have updated our records.....thanks!"

One other alternative is that some of the major counties have the POAs that have been registered with the Clerk of Court (a great idea, and necessary for real property transfers) available online either as a specific link or via an easy search on their web site. For those squeamish with using e-mail, that works also.

FE

[ChEAr$]

Another case of powers

both of attorney and consent. I've a similar situation and here's my first thoughts on it.

A client's brother had a subchapter S pharmacy which closed down two years ago, and
brother went to prison, still in, might be out in two years re drug charges. Brother tells gives my client a POA drawn up by a lawyer which naturally says "do to all things.. etc etc, but
of course never specifically mentions tax matters.. He hasn't filed returns in several years,
but wants my client to do everything since "IRS owes him refunds for maybe five years!"
(yeah; sure!) so that when he gets out of prison he can start anew and not having this
hanging over his head.

I advised client to get revised POA specifically mentioning tax matters, and to pick up a POA from me covering specific years for brother to sign. Will need a separate one for the S corp too, since I suspect those returns weren't filed either. And.... one of those new fangled disclosure letters from the prisoners to allow others to disclose to me certain tax related information.

Reckon this covers my... bases?

Any other thoughts on this situation?

[Lion]

Talk to Son

Dad wants me to talk to son who's compiling dad's expenses (to evaluate how much savings is left, possibility of reverse mortgage, etc.) to tell him how much dad owes in taxes and is expected to owe for 2008 returns. That kind of thing. And, to repeat what I tell dad to son since dad can't take notes. Son does have a POA to deal with mortgage company, health care givers, etc., but at this point dad can still scribble his signature on his tax returns. I just want to cover myself by having dad sign some kind of consent directing me to talk to son. Any suggested wording is appreciated.

[ChEAr$]

Poa

You said son has a POA already, and you will obtain copy for your records.

Most POA's have that clause in them that covers all bases. The only problem we may have is one which does not mention "tax matters", which as we all know, is not recognized by IRS.

But is that to say that we can't work on a tax return under that "generic" POA? After all,
we are not filing the return or dealing with IRS.

Interestingly enough, one of my clients, who had POA for her sister in law, showed me the POA when it came time to sign the form 8879, and it was a generic one not containing re to filing tax returns or dealing with IRS,
so I couldn't take her signature for this purpose. When I suggested that maybe the lawyer could change it and add necessary language, the lawyer calls me and argues about the sufficiency of existing POA, saying nobody ever objected before. All I could do was to read him the regulations.

To file the return then, I printed it out for sister in law's signature, and client filed it anyway, signing for her and enclosing copy of the generic POA. Never heard anything from IRS.

Has anyone ever had anything rejected by IRS for lack of required language?

[Lion]

Dad

I'm still dealing with the dad now. But, dad wants me to put son in the loop as some of the financial issues he's dealing with (is a reverse mortgage better than another option; should he stay in home with caregivers or move to a retirement community) are getting too complex for dad's focus while on medication, so son is working with dad. I want dad to sign a consent allowing me to talk/e-mail/etc. son. I want to be covered, especially since there's also a daughter with mental health issues and who knows what other relatives lurking in the woodwork. Don't want someone saying I talked to son but withheld info from Aunt Betty when Dad's gone or no longer coherent to express his wishes.