Spouse in coma

[BOB W]

How can I get a joint tax return filed when the spouse is in a Coma? The lenght of time is unknown, could be 6 months or 12 months or more?

[Kram BergGold]

Page 21 in Pub 17

Check out page 21 in the 2013 version of pub 17.

[BOB W]

I sent her to a lawyer for getting whatever power she needs, legally, to sign on his behalf. Thanks for your response.

[Koss]

Form 8379?

Wouldn't this meet the definition of an injured spouse?

[ROFLMAO]

Sorry... Gotta blow off some steam here...

BMK

[BOB W]

Ha ha..................

[FEDUKE404]

One spouse can sign, if. . .

I sent her to a lawyer for getting whatever power she needs, legally, to sign on his behalf. Thanks for your response.

Lawyer / POA not needed for a spouse incapable of signing on a joint return.

There is a clearly defined procedure in the IRS rules (probably what Kram cited?), which includes the required verbiage for a simple statement.

I've used it before, but not in recent years.

FE

[ChEAr$]

I sent her to a lawyer for getting whatever power she needs, legally, to sign on his behalf. Thanks for your response.

One thing to remembr when sending a client to a lawyer for a POA, tell client to tell lawyer to be SURE and put a clause in there specifically "to file tax returns and handle all other tax matters." Without it, POA doesn't satisfy IRS.

[Koss]

POA is not possible

A spouse who is in a coma cannot sign a power of attorney.

If FEDUKE is correct, then it may be that no legal document is necessary.

If FEDUKE is incorrect, then the wife would have to file a case in probate court, and ask the court to appoint her as guardian or conservator of her husband.

You can't get a power of attorney from, or for, a person who is already legally incompetent.

BMK

[FEDUKE404]

Possible alternative to POA

One thing to remembr when sending a client to a lawyer for a POA, tell client to tell lawyer to be SURE and put a clause in there specifically "to file tax returns and handle all other tax matters." Without it, POA doesn't satisfy IRS.

Why complicate things, and spend unnecessary money for an attorney?

From the horse's (aka IRS) mouth:

If a joint return is filed, both spouses must sign the return. If your spouse cannot sign because of a medical condition and requests that you sign the return, sign your spouse's name in the proper place followed by the word "by" (your signature), followed by the word "husband" or "wife." Be sure to also sign in the space provided for your signature. In addition, you must attach a statement that includes the form number of the return you are filing, the tax year, the reason your spouse cannot sign the return, and that your spouse has agreed to your signing for him or her. If you are the guardian for your spouse who is mentally incompetent, you may sign the return for your spouse, as guardian.

If your spouse cannot sign the return for any other reason, you may sign it only if you are given a valid power of attorney. The document granting you power of attorney should be attached to the return when it is filed. Form 2848 (PDF), Power of Attorney and Declaration of Representative, may be used for this purpose.

Granted, the scenario is different between "cannot sign" and "in a coma" but at least I did find the IRS guidelines. Didn't take that long to do so. . .

Gotta get back to work now.

FE

[BOB W]

Spouse came by today and remembered that before he was put in coma that he told her to be sure to sign tax return for him. She did, and it was noted on the the ELF forms.

[taxea]

FedDuke is correct. Husband signs for wife and puts by husband next to her name. Then attach a medical record that shows she is in a coma. Keep the copy of the attached document in your client file in case of any questions.