When can P/O/A sign return ?

[RWG1950]

Am submitting a 2848 for an incompetent person. Daughter was named P/O/A in a prior legally executed document.
Principal cannot sign the 2848, so daughter will sign part 2. The 2848 will (along with a copy of the private P/O/A and separate
letter indicating that it remains valid under the laws of the state where it was signed) and under penalty of perjury, will be faxed to IRS.
Once these items are sent, when can the P/O/A sign dad's 2021 form 1040 ? Is some sort of IRS notification needed ?
Thanks for comments

[kathyc2]

I thought the 2848 was for a tax pro to be granted powers and/or receive info in place of a taxpayer, not for a family member.

When my Mom was still living, I think the POA (non- IRS) I had allowed me to sign any legal/financial doc for her as if I was her.

[TAXNJ]

Am submitting a 2848 for an incompetent person. Daughter was named P/O/A in a prior legally executed document.
Principal cannot sign the 2848, so daughter will sign part 2. The 2848 will (along with a copy of the private P/O/A and separate
letter indicating that it remains valid under the laws of the state where it was signed) and under penalty of perjury, will be faxed to IRS.
Once these items are sent, when can the P/O/A sign dad's 2021 form 1040 ? Is some sort of IRS notification needed ?
Thanks for comments

Have you looked at this for information that may assist you?

https://www.irs.gov/businesses/small...authorizations

[Rapid Robert]

"I thought the 2848 was for a tax pro to be granted powers and/or receive info in place of a taxpayer, not for a family member."

There are ten different categories of representative that are listed for selection in Part II of the form.

Normally a Form 2848 does not authorize someone to sign a taxpayer's return; see specific instructions for Line 5a. I suspect there are many people who are unaware of or ignore the requirements for someone else to sign on behalf of a taxpayer.

"I think the POA (non- IRS) I had allowed me to sign any legal/financial doc for her as if I was her."

No. There may be things that state law allows for the attorney-in-fact; however the IRS only accepts Form 2848 as an IRS POA. For starters, many POAs are not durable, meaning they become invalid once the grantor becomes incapacitated. (And all POAs become invalid after death.) If you view the previous recent posts on this topic by rwg1950, you can find more details about how the IRS handles non-IRS POAs.

[Rapid Robert]

"Once these items are sent, when can the P/O/A sign dad's 2021 form 1040 ? Is some sort of IRS notification needed ? "

No, however there is always a small chance the IRS will reject the POA for some reason. Whether and when the IRS enters the POA into the CAF system does not seem relevant to me.

I would go ahead and get the Form 8879 signed after you have sent the required documents to IRS and not wait for anything. Let's face it, the chance that the IRS will ever ask to see the Form 8879 is negligible. (Although if there is a dispute among family members of the deceased, that could be a potential issue -- but in that case, it would be much better for the surviving spouse to file MFS).