QUESTION
What do I need to do have my mother's income taxes corrected?
Asked on Mar 19th, 2013 on Taxation - Delaware
More details to this question:
Hi. I am not sure about the category but here is my question. I need to have my mother sign a power of attorney so that I can get her income taxes corrected. There is a question about 2009 and I am not sure that she filed her 2010 or 2011 taxes. Do I have to have use a state notary public record for this action at a state office or can I use any certified notary public do this? After this is done where do I have to file this document? Thank you for any assistance.
5 ANSWERS
Bruce Givner
If you are working on your mother's state tax, then the FTB Form 3520 does not require a notarization. The instructions to FTB Form 3520 tell you the office to which to mail it (Rancho Cordova, which is effectively Sacramento).
Answered on Mar 21st, 2013 at 9:42 PM
You will need to have your mother sign IRS Form 2848, which is the IRS Power of Attorney form. You then mail the original of Form 2848 to the IRS with the first letter you send them regarding your mother's tax issues. Of course, keep several copies of the Form 2848 in your file in case you ever need to send the IRS another copy of it.
Answered on Mar 21st, 2013 at 12:38 AM
Bankruptcy Attorney serving Petaluma, CA
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Law Office of Andrew Kern
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Any public notary should do. Look on IRS.gov website for where to file the amendment to your mother's taxes.
Answered on Mar 20th, 2013 at 11:35 PM
Your question suggested several steps. First, it is your Mother who decides if she wants to sign a Power of Attorney. She can do this if she has requisite capacity. She can visit with an estate planning attorney for more information. If she does not have the required capacity to sign a Power of Attorney, then you can seek to be appointed as her conservator. This is done by filing a Petition in Court. If you are appointed as her Conservator, then you can file any amended tax returns that the accountant advises you about. If your Mom has capacity then she can sign and file any necessary amended returns.
Answered on Mar 20th, 2013 at 11:22 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You cannot notarize your mother's signature. And you should get the power of attorney forms for federal purposes, maybe Form 56, but I am not sure of the form number.
Answered on Mar 20th, 2013 at 11:17 PM