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January 24, 2024
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QUestion about signing for an incapacitated person

  • January 24, 2024
  • 1 reply
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Last year my wife had a stroke.

We did not have a Power of attorney, so we had to get a Guardianship which was awarded by the court.

 

She did have income last year before all of this happened, and now can no longer work.

 

How do you file a joint return and handle the signatures, since she can not understand a legal document?

Do I need to file additional forms?

Can this be done electronically with turbotax?

 

Thank you

Best answer by JohnB5677

Yes, you can sign for your wife if she is incapacitated.

 

IRS Publication 4012 states: 

Incapacitated Spouse

"If the spouse can’t sign because of injury or disease and tells the taxpayer to sign for him or her, the taxpayer can sign the spouse’s name on the return followed by the words “By (your name), Husband (or Wife).” A dated statement must be attached to the return. See Publication 501, Dependents, Standard Deduction, and Filing Information, for requirements to include in the statement"

1 reply

JohnB5677
JohnB5677Answer
January 24, 2024

Yes, you can sign for your wife if she is incapacitated.

 

IRS Publication 4012 states: 

Incapacitated Spouse

"If the spouse can’t sign because of injury or disease and tells the taxpayer to sign for him or her, the taxpayer can sign the spouse’s name on the return followed by the words “By (your name), Husband (or Wife).” A dated statement must be attached to the return. See Publication 501, Dependents, Standard Deduction, and Filing Information, for requirements to include in the statement"

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