Ask the taxgirl: Rebate Checks and Incompetent Persons

August 2, 2008 · 0 comments

Taxpayer asks:
I had my accountant prepare my mom’s tax return this year. She only filed in order to get her stimulus check. She is old and can’t do anything for herself. When she gets it, can I cash it for her?

Taxgirl says:
It depends – do you have Power of Attorney for your mother?

If she’s incompetent, I’m assuming that you signed the return for her with a valid Power of Attorney – you can use that Power of Attorney to cash the check on her behalf.

If she is mentally competent but was physically unable to sign the return, the IRS would accept whatever is considered a valid “signature” under the law of the state in which she is a resident. In many states, a simple “X” will do. In that case, you’d have to talk to your bank about what they consider a legal signature for purposes of cashing the rebate check.

Good luck!

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

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