Elder Law Issues

Elder Law Issues


Signing Tax Returns For Someone Else

April 11, 2021

Signing tax returns can be difficult -- or even impossible -- for someone who is incapacitated. Can someone else sign for them? Who -- and how?

To be clear, we're not talking about an amanuensis signing. But we do like to use the word. That kind of signing involves a completely competent -- but physically challenged -- person directing someone else to sign on their behalf. Federal and state law recognize the ability to use that approach.

But what if the signer is mentally incompetent, or incapacitated? And who decides that, anyway?

And it's not just about signing tax returns -- though that problem is much on the minds of many of us in this tax season. There are all sorts of documents that might need to be signed.

In this podcast episode we try to give you some general information about signing for someone else. Do you hold a written, signed, power of attorney for them? Has a court appointed you as guardian of their person, or conservator of their estate? Let us explain some of the mechanics of signing for someone else.