Efile with POA?

[Margaret]

A client has POA for grandmother with dementia. May I efile with him signing the 8879 and attach the POA to the form? Use 8453 instead? Thanks.

[GIMoe]

First verify

A client has POA for grandmother with dementia. May I efile with him signing the 8879 and attach the POA to the form? Use 8453 instead? Thanks.

Make sure that the POA specifically allows him to file her tax return on her behalf. If it is legitimate you can e-file with a Form 8879. Be sure to keep a copy of the POA with the form for your records.

[jainen]

not legal

>>POA for grandmother with dementia<<

A power of attorney is NOT legal for a person who is mentally incompetent, even if she signed it before she deteriorated. I recommend you give a paper return to the person who provided the information, and let him sort out the signature problem.

[WhiteOleander]

>>POA for grandmother with dementia<<

A power of attorney is NOT legal for a person who is mentally incompetent, even if she signed it before she deteriorated. I recommend you give a paper return to the person who provided the information, and let him sort out the signature problem.

This is not true if the POA states that it does not end if the person becomes mentally incapacitated. Read the POA and see what it says.

[GIMoe]

P O A Not legal?

>>POA for grandmother with dementia<<

A power of attorney is NOT legal for a person who is mentally incompetent, even if she signed it before she deteriorated. I recommend you give a paper return to the person who provided the information, and let him sort out the signature problem.

I am not sure I would completely agree with that. I am not making a blanket statement, however, a POA that is specific, that is to say, has and meets specific stipulations, I think would certainly meet the legal tests. Specific stipulations such as:

A specific purpose for the POA
A specific termination date, or it clearly states that it does not terminate
Witnessed and certfied by the persons' physician that they were of sound mind when the POA was placed in effect.

After all, isn't that why people get POAs. They want to be able to confer the power of specific decisions to someone of their choosing when they know that they will not be around, either physically or mentally. I would think that this would be preferred over having a court appointed gaurdian.

[Margaret]

Well, I checked and the client actually has court appointed guardianship of person and estate. He has to request payments for bills through the court but said he is authorized to sign returns. My question was whether a copy of the guardianship (I thought POA) was adequate to efile if I have a copy.

I think the consensus would be yes, right? And thanks for the input! You folks are great.

[BP.]

Durable POA

A power of attorney is NOT legal for a person who is mentally incompetent, even if she signed it before she deteriorated.

A durable POA remains in effect even after the principal becomes incompetent, subject to specific state law.

[GIMoe]

E-file

Well, I checked and the client actually has court appointed guardianship of person and estate. He has to request payments for bills through the court but said he is authorized to sign returns. My question was whether a copy of the guardianship (I thought POA) was adequate to efile if I have a copy.

I think the consensus would be yes, right? And thanks for the input! You folks are great.

Yes, that is correct. Keep a copy for your records with the 8879.