Using a General POA to sign 8879

Forum|Forum|3 months ago
March 26, 2026
2 replies
27 views

Hi all. I have a client that needs to use a General Durable Power of Attorney to sign the 8879 for her spouse who is fully incapacitated. I have a copy of the POA and it does have the detailed language that the Agent (Spouse) is authorized to file tax retruns. I also have 2 letters of incapacity from the husband's treating doctors. Does the POA need to be attached as a pdf to the tax return? Is there anything else I need to do or attach to allow the wife to sign for the husband?

I know it's crunch time so I appreaciate any feedback you have on this situation and your experience from handling this type these situations.

ProSeries Professional

Just-Lisa-Now-

Intuit Community Champion

Ive never attached anything, just keep a copy in your files along with the 8879.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪

IRonMaN

Level 15

Yup just keep the documentation in your files, there is no reason to attach anything to the return.

Slava Ukraini!

D

dhoytAuthor

Level 4

I appreciate the responses. It sound like many don't attach the POA to the return, and I've seen that be the approach that many preparers take as I've been looking through other forums. But I just found this in Pub 17, Chapter One

"When someone can sign for you.

You can appoint an agent to sign your return if you are:

Unable to sign the return because of disease or injury,
Absent from the United States for a continuous period of at least 60 days before the due date for filing your return, or
Given permission to do so by the IRS office in your area.

Power of attorney.

A return signed by an agent in any of these cases must have a power of attorney (POA) attached that authorizes the agent to sign for you. You can use a POA that states that the agent is granted authority to sign the return, or you can use Form 2848. Part I of Form 2848 must state that the agent is granted authority to sign the return."

And again under the section on signing for your spouse if they are unable to sign it says this:

"Power of attorney.

In order for you to sign a return for your spouse in any of these cases, you must attach to the return a power of attorney (POA) that authorizes you to sign for your spouse. You can use a POA that states that you have been granted authority to sign the return, or you can use Form 2848, Power of Attorney and Declaration of Representative. Part I of Form 2848 must state that you are granted authority to sign the return."

Any further thoughts or is there a reason why this wouldn't apply? Thanks again!

Just-Lisa-Now-

Intuit Community Champion

I could see it if you were mailing in a paper return, you may want to attach it.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪

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