POA signing for surviving spouse

[rfassett]

I know this has had to come up before, but it is the first time for me. Husband passed away in Feb 2010. Wife signs 2009 return as surviving spouse. Wife's health begins to fail and by the time the 2010 return is complete, she is in nursing home and son has POA. Any issues with son as POA signing the return as surviving spouse. There is a $3,600 refund, if that matters.

[ljwalters]

The POA is SUPOSE to include IRS tax returns in the wording of the document. He would not sign as surviving spouse. He would sign her name and the word “by” his name “POA”. That should work for surviving spouse also.

Linda and buddy

[jainen]

>>He would sign her name and the word “by” his name “POA”. <<

A power of attorney does NOT give the right to sign somebody else's name. He must sign his own name "as attorney-in-fact." I don't know if he can claim a refund as an agent for the surviving spouse. I would recommend getting legal counsel on that point. $3600 is likely to attract attention, and not just from the IRS.

By the way, why can't the spouse herself sign? Unless it is a Durable Power of Attorney, which is a different document from a Power of Attorney, it is not valid after she becomes incompetent.

[rfassett]

Thanks! It is a DPOA, and she has reached incompetency levels. I like your suggestion of legal counsel though. The deceased husband, although old enough to nearly be my grandfather, was a friend of mine who had quite the story including being shot down (he was a fighter pilot) and being a POW and other very interesting things. He started a business that he ran very successfully for 50 years, was married to the same woman until she passed ten or so years ago, and has great children that have worked in the business and will now be able to continue running it successfully. Second wife is a great person, but HER children, with the exception of the son with the POA, are "money grabbers". I have been able to run interference between these two camps pretty successfully. But I agree, it may be time to get my own counsel to be sure I don't get caught in the cross fire. Thanks again.

Oh, and in case anyone would think that they would like to be a POA for someone (and this can be said of an executor of an estate also), I have seen this son with the POA age about ten years in the last twelve months.