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Thread: POA and the IRS

  1. #1
    Join Date
    Sep 2006
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    Las Cruces, NM
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    POA and the IRS

    When I got Power Of Attorney for a friend who was in ill health, I thought that the POA document, which was signed when he was lucid, would let me represent him in all financial matters if he ceased to be lucid. It turns out the IRS doesn't automatically recognize POA documents as allowing a person to handle another person's tax matters.

    As usual, different IRS people have different ideas of what I should do. Whoever (or whatever computer) sends out the IRS mail thinks I should fill out form 2848 "Power of Attorney and Declaration of Representative". However, I don't fit into any category listed on that form. I have no special certification, as required by some categories, and I am not a family member. One local IRS person was willing to speak to me when I presented my POA document. Later, a different IRS person said she couldn't discuss my friends taxes. She said that instead of form 2848, I should present her with form 8821 "Tax Information Authorization".

    It makes sense to me that form 8821 is the correct form. However, both form 2848 and form 8821 require the signature of the taxpayer and my friend is currently both too weak to write a signature and also not lucid. I'm wondering if the POA document gives me the authority to sign form 8821 as the taxpayer and thus authorize myself to represent my friend.

    The problem is not particularly urgent, because my friends problem with the IRS is that it refuses to process his return because it says he is deceased. If the IRS did process his return, it would only mean a small refund for him.

  2. #2
    Join Date
    Feb 2008
    Location
    E TN, near Knoxville
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    12,298
    I think you need to consult a lawyer about this. From our experience a POA is useful but weak or useless in some cases.

    You may want to look into a conservatorship which gives absolute control over finances, medical care, life affairs with no questions asked by any agency. Without this, the person is still vulnerable to being taken advantage of. A conservator is appointed by a judge to manage affairs for a person not capable. I think it is normally given to a family member if one is available and willing to take on the responsibility. (It is a huge responsibility.) With relative with advancing Alzheimer's we had to hire an elder care lawyer to make the conservator application and follow through. The court appointed an independent lawyer to evaluate the situation. The legal system is very careful and includes strict accountability to try to prevent financial abuse (evidently common.) To put the conservatorship in place took several months and cost several thousand dollars.

    JKJ

  3. #3
    Join Date
    Sep 2007
    Location
    Upstate NY
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    try "misc.taxes.moderated" on google forums. Like any forum, about half the advice you get there is wrong.

  4. #4
    Join Date
    Jan 2004
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    Lewiston, Idaho
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    28,546
    Contact an attorney.
    Ken

    So much to learn, so little time.....

  5. #5
    Join Date
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    Many years ago I had a problem with California bureaucracy similar to yours. Finally I told the clerk I was talking to, in person, that it was all fine by me. "I came in to pay taxes due and you are making it impossible. I think I will just go out and spend the money having fun." She quickly decided it was time to quit jerking me around and figure out a proper way to file my information.

    jtk
    "A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty."
    - Sir Winston Churchill (1874-1965)

  6. #6
    Join Date
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    For estate issues, an estate lawyer will get you steered through all the twists and turns. This is the only interaction I have ever had with a lawyer that was at all beneficial so I am not the kind to refer you to a land shark lightly.
    "A hen is only an egg's way of making another egg".


    – Samuel Butler

  7. #7
    Join Date
    Aug 2008
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    Los Chavez, New Mexico
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    For my parents taxes I just filed the POA and signed for them. Didn't get any complaints from the IRS

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