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  • Ask The Taxgirl: Rebate Checks & Incompetent Persons

Ask The Taxgirl: Rebate Checks & Incompetent Persons

Kelly Phillips ErbAugust 2, 2008December 4, 2019

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!

Before you go: be sure to read my disclaimer. Remember, I’m a lawyer and we love disclaimers.
If you have a question, here’s how to Ask The Taxgirl.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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