Do we need to see the Power of Attorney?

[taxea]

A third party poa (meaning not between the TP and the preparer but, rather, the TP authorizing another person to sign the return) does not require a 2848. As in military POA's usually held by a spouse, you only need to retain a copy and the only notification of the POA is the signature line where the holder of the POA signs the TP's name and then "by poa" and the holders name.

If the POA indicates that the person is allowed to accept the refund I include a 1320 with the return. However, this isn't necessary on a MFJ where the POA holder is the spouse

[Burke]

What if client is incompetent and unable to sign return. Representative talked with his lawyer who informed him that since he was appointed conservator and representative by court that they could not now get power of attorney done. Does this sound correct and if so would the conservator documents suffice.

Yes. If he were appointed personal representative by the court, then he would have a document much like an executor of an estate is issued, and he would have the authority to sign.

[Bonnie]

All my returns are E-filed and I have never sent a copy of the POA to the IRS, but I do keep a copy in my file. I would not file a return without getting a copy for my own file