Client had a Stroke - In Nursing Home - Return Sig.

[Single Dad]

Client has stroke is now in a nursing home. Wife has no POA over anything at this point. Client has good and bad days. Wife wants to get a POA for tax return purposes.

My thought on this is have her get a 2848, for herself to sign the joint return and a 8821 for myself in the event the return needs to be discussed. Client is unable to speak but can atleast give a nod of approval.

Anyone else ever run into this situation, sharing what u did/how u approached the situation would be appreciated.

Thank You

Single Dad

[BulldogTom]

Spouse needs to immediately get a general power of attorney for everything. Hopefully he can consent and sign on one of his good days. If you can do this, spouse signs and you attach power of attorney to return.

If he can't sign, or even if he can, she should follow up with courts and have herself appointed over all his affairs (not just tax).

Just my 2 cents.

Tom

Lodi, CA

[kcjenkins]

And if he can not do a good signature, have him at least attempt one. Whatever marks he makes will be legal, but I'd make sure you have two unrelated witnesses sign that they saw him make his mark. These could be nurses, but usually there is someone at the hospital that has this as part of their job, and they know how to help you get all the paperwork done right. Ask a nurse to have someone from Patient Services contact you.

[Single Dad]

And if he can not do a good signature, have him at least attempt one. Whatever marks he makes will be legal, but I'd make sure you have two unrelated witnesses sign that they saw him make his mark. These could be nurses, but usually there is someone at the hospital that has this as part of their job, and they know how to help you get all the paperwork done right. Ask a nurse to have someone from Patient Services contact you.

Good point KC, and just in the nick of time as I'm typing up the correspondence letter to the client and almost ready to hand deliver.

Once again, my sincere thanks!

Regards,

Single Dad

[kcjenkins]

It always amazes me how often in such a situation the 'witnesses' are family members, who have an interest in the outcome. Then, when someone else challenges the validity of the documents, the court may well refuse to accept those witnesses as reliable.

[jainen]

>>It always amazes me how often in such a situation the 'witnesses' are family members<<

I am equally impressed by how often tax professionals are eager to assert, "Spouse needs to immediately get a general power of attorney for everything." This is dangerous advice that is certainly not appropriate except in the context of legal counsel.

[Linda Mathey]

I had this situation on a 2005 joint return. I was told if the spouse cannot sign because of injury or disease and tells their spouse to sign, he or she can sign their spouse's name in the proper space on the return followed by the words "By (your name) Husband (or Wife." They need to also be sure to sign in the space provided for their own signature. They should also attach a dated statement signed by them to the tax return. The statement should include the form number of the return they are filing, the tax year, the reason their spouse cannot sign, and that theirspouse has agreed to them signing for him or her.

We followed these instructions and the return was accepted as filed by the IRS. Hope this helps.