You can use the durable POA and if additional required IRS details are requested you can send the Form 2848.
If you enclose a copy of the durable POA, the IRS will let you know if they need anything else from you. Below are additional details about a durable POA.
- Durable powers of attorney created for estate planning or other purposes give your designated agent or “attorney-in-fact” authority to make healthcare and financial decisions. The word “durable” means the power of attorney has staying power and will remain in effect if you later become incompetent. Needless to say, the durable power of attorney must be created before you become physically or mentally incompetent.
- For a durable power of attorney to work for federal tax matters, however, specific information required under the Internal Revenue Code and regulations needs to be included. The requirements related to use of durable power of attorneys in federal tax matters are stated in Reg. 601.503(b), which can be found in Publication 216, click below.
If you do not meet those requirements then a Form 2848 may need to be used only if requested.
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