Can I e-file a tax return for a parent who is incapacitated?

[stripeman1]

My father is widowed, and is in hospice unable to sign his own name. I have Durable Power of Attorney for tax matters. I wish to efile his 2017 income tax return for IRS and the state of illinois. Can I do this?

[CherylW]

Yes, you may, with two conditions.

One, if your return is signed by a representative for you, you must have a power of attorney attached that specifically authorizes the representative to sign your return. To do this, you can use Form 2848.

Two, you would have to physically sign a paper return and mail with the attached POA.

TurboTax does not support the 2848 form but it can be downloaded from the IRS site.

Form:  https://www.irs.gov/pub/irs-pdf/f2848.pdf
Instructions: https://www.irs.gov/pub/irs-pdf/i2848.pdf 

[Balesgirl533]

My mother has me as her durable power of attorney n hasnt filed taxes since 2015. N idk she filed that year cus of the timing she got sick.      Can I file then for her.  She has state retirement. Her social security n survivors benefits.       Can someone please tell me what to do.   Cus i have never filed taxes.   Thank yu 

[JamesG1]

You may file in your parent’s behalf.  Prepare IRS form 2848 with your parent’s name in Part I, line 1.  You are listed under Part 1, line 2.  You both sign on page two.

See 1040 instructions, page 60

‘If your return is signed by a representative for you, you must have a power of attorney attached that specifically authorizes the representative to sign your return. To do this, you can use Form 2848.’

You may want to paper-file the tax returns.  You sign the tax returns the parent's name by your name.

Attach IRS form 2848 and a copy of her power of attorney to each tax return.  Mail certified with return receipt.

[Sbiondo]

What if my husband is so incapacitated he is unable to sign his name on form 2848? My CPA filed one on our behalf and I signed for my husband as his POA. They wanted proof so I then sent his durable power of attorney document naming me as his rep and that wasn’t enough. I cannot reach the IRS at all for months now. What else can I do? Thank you for your advice. Sharon

[BillM223]

You should contact the Taxpayer Advocate Service, a part of the IRS that specifically helps taxpayers with procedural issues (like yours). Your advocate will want to know why the POA wasn't enough (I assume you got an explanation?); perhaps the POA was defective (for example, if it listed some areas that the POA covered but did not include tax as one of those areas).

If the POA was defective, you will want to consult an attorney to update it - we in the Community do not give out legal advice. And once you get an advocate, communication with the IRS should become easier (not necessarily easy, given our current environment).

@Sbiondo