Filing Single, who can sign return other than TP?

[AZ-Tax]

This is regarding a new client for which the Son of the taxpayer will sign his Fathers tax return. Son showed me a Durable POA that basically is only related to Medical issues. Does the taxpayer need to sign a form 2848 to authorize his son to sign on his behalf?

[ATSMAN]

I believe form 2848 is to represent before the IRS. I have taxpayers who have given their spouse or children POA and I let them sign putting their name and POA and never had an issue with IRS or state DOR.

[Gretel]

This is regarding a new client for which the Son of the taxpayer will sign his Fathers tax return. Son showed me a Durable POA that basically is only related to Medical issues. Does the taxpayer need to sign a form 2848 to authorize his son to sign on his behalf?

If the durable POA does not include tax issues, son cannot sign. You also need to attach the POA to the tax return.

[taxea]

This is regarding a new client for which the Son of the taxpayer will sign his Fathers tax return. Son showed me a Durable POA that basically is only related to Medical issues. Does the taxpayer need to sign a form 2848 to authorize his son to sign on his behalf?

I agree that a POA for medical would not cut it. I would have him submit a F56 and the F1310.

[BP.]

submit . . . the F1310.

From the original post, I don't get the impression that the taxpayer is deceased.

[ChEAr$]

I agree that a POA for medical would not cut it. I would have him submit a F56 and the F1310.

I thought a form 1310 was used only for a deceased taxpayer. eh?

[AZ-Tax]

TP is living

From the original post, I don't get the impression that the taxpayer is deceased.

TP is living

[Burke]

Yeah, we knew that when you asked if the father needed to sign a form. eh, eh.

[taxea]

will an 8821 work?

[S T]

1310 is for deceased and receive refunds, and Form 56 is a Fiduciary form.

Medical only POA won't work

There needs to be a "durable power of attorney" on record, for the son to sign on behalf of the father. Usually has to be recorded at the County of the Resident State, depending on your State Requirements.

I have several of these clients, one or two of the clients each year, the IRS will send a notice and we have to submit a copy of the "Durable Power of Attorney" when the brother, son, etc has signed under POA - usually on paper filed returns.

If you can verify the son has authority to sign on father's behalf and you can efile, then IRS will probably not request a copy of the the "legal" POA.

Sandy

[AZ-Tax]

Atsman, form 2848?

I believe form 2848 is to represent before the IRS. I have taxpayers who have given their spouse or children POA and I let them sign putting their name and POA and never had an issue with IRS or state DOR.

Atsman, did your clients give spouse or children POA via by signing a form 2848 and checking the box "signing a return" under 5 and electing "f" under part II?

[oceanlovin'ea]

different forms

I just went to the lawyers office with my mother yesterday. Now they usually the Durable Power of Attorney is used for any legal documents that need to be signed. The Medical directive is a separate document and only covers the ability to make medical decisions for the person. I have both for my mother. The lawyer gave me the original copy of the durable power of attorney. He said a copy is not valid. To use it you must have the original. We are in Florida.

So I would say check to see if original and read what it says it covers.

Linda, EA