Follow
Share

I'm the PoA for a dementia patient, and had to file an extension for her taxes earlier this year because she'd thrown out or hidden all her tax documents. (Next year, everything will come directly to me, but for 2018 it was too late.) I've gotten replacements for everything but Social Security, but they won't talk to me because they don't recognize POAs. I belatedly learned that there's some sort of drawn-out application process to become the "representative payee," involving an appointment at the SSA office (in her state of residence, which is 2000 miles away from mine), followed by a review process; once that's complete, I could request one the replacement form, but I don't have time to do that before the deadline. I initially planned to go online and set up an account in my relative's name, and then download the form that way -- but it's illegal to set up an online account in anyone's name other than your own. I realize I should have figured this out before this, but spent most of this year dealing with her surgery and treatments for advanced cancer (while working full time and making repeated trips to her home state to take her to doctor's appointments, to stay with her in the hospital after surgery, to move her to a new apartment, etc. and, frankly, I was so fried I just haven't gotten to her taxes till now.) Any suggestions so she doesn't get penalized? Thanks!

Find Care & Housing
Another route is to file power of attorney with IRS - see Publication 947 and search for "non-IRS" power of attorney section. It goes over how to get PoA on file with IRS. Once processed, you can request a transcript for the year showing "wages and income" or "record of account", both of which would show 1099-SSA information. This might take a while, but once PoA is on file, you will have access to IRS info. If mom's only income is social security, her tax due is likely to be none, so there might be no penalties even with late filing. Late filing is better than not. If mom has other income and a tax professional, see if they have a PoA on her already and can pull the transcript for you.
Helpful Answer (0)
Reply to tiredsunshine
Report

Why not call an H&R Block office -- specifically Block Advisors? Lots of them have CPAs with TONS of experience and with contacts at the IRS. It likely wouldn't be very expensive, and it could save you some time and stress.

(Alternatively, you could contact a CPA if you know one who actually prepares individual tax returns, but HRB is very accessible, and might be quicker.)
Helpful Answer (0)
Reply to TXGirl82
Report

Can you estimate the amount on the statement? I would think that it would be pretty easy to figure out how much she was paid and how much was deducted for Medicare and other insurance if applicable.

I think it would be safer to include the benefits without the 1099 form then not. They have a copy of the form, so she would only be penalized if the benefits weren't included on the return. That's what I would do.
Helpful Answer (1)
Reply to Isthisrealyreal
Report
AlvaDeer Sep 8, 2019
I think you won't need a copy of the Statement. You only need to know what she is paid for her SS and you do know that because of the accounts. My tax man doesn't send copies of anything. He electronically files everything and returns all the stuff I give him. Your trusted tax man will take care of this for you I suspect. If that is a Trust account all the better. So just do her taxes, write in what she gets in Social Security, what she gets in interests, all her other stuff on her tax work sheet. I think. Tacy, help. Am I correct?
(1)
Report
See 1 more reply
I would go in person to a local SSA office, if you have one, and see what you can find out there.
I’ve had very good luck with the counselors in my local office, and although there was typically a wait, it was worth it when I met with them.
Someone suggested to me that I pretend to be the LO I represent, but I chose not to risk a perjury charge.
IF you do decide ultimately to become her designated payee, you can get her check direct deposited so your record keeping may get a little easier.
If a formal assessment of her dementia has been done, take a copy of the written report with you to the Social Security Office with you. Even though they won’t consider your POA, written documentation can help establish an authentic claim.
Good luck with this. You are doing a tough job. Don’t beat yourself up because you missed this one time glitch.
Helpful Answer (1)
Reply to AnnReid
Report
LauraJMT Sep 8, 2019
Her check is already direct deposited to her account, so there's no problem there -- I actually don't need to be her designated payee, because I'm on her bank accounts and pay her bills out of her account. So that part's easy. The problem is that I can't get a copy of her year-end statement for her federal taxes ... and the federal government, in the form of Social Security, won't help ... but somehow I don't doubt they'll fine me (actually her) because her return will be incomplete!
(0)
Report
I think that so few people know this. I do hear that if the Social Security check currently comes into a TRUST ACCOUNT, that the Trustee of the Trust (I am that as well as the POA) will be able to handle it still coming in, but when I went to Social Security to try to get myself some power over being able to handle SS, yes, I was told exactly that. You cannot be Representative Payee for a person who is not adjudged completely demented (and I guess you the guardian). So my brother has to go to the office with me, or we have to do a three way call. To tell you the truth, at this point a three way call would be a bit more than he could handle, he gets confused and anxious when things get that complicated, and is otherwise great. So next visit this fall, a lovely visit to SS office is on our list. I think there is just so much I didn't know 7 months ago that I do know now, and it is all learned the hard way, I just say.
Helpful Answer (1)
Reply to AlvaDeer
Report

They are online. Create an account to access it.
Helpful Answer (1)
Reply to tacy022
Report
LauraJMT Sep 8, 2019
That was my original plan. But the Social Security website says it's criminal to create one for someone else, and that they actually do verify this (not sure how, but I probably don't want to risk it). They say there are fines and potential prosecution for creating an online SS account for anyone other than yourself, even -- get this -- if they approve me as the representative payee!
(1)
Report
See 1 more reply
You can do a 3 way call and have her give them permission to speak with you. She will have to be able to give her name and yours, as well as her social security number.

I would arrange the call so she can be disconnected while you are talking with them, however, make sure that the person you are talking to is the one that can help. I went through getting my dad to finally give the information and then I was transferred and we had to start all over. I think it is a game with the @##$% at SSA. Power with no brain is a dangerous combo.
Helpful Answer (1)
Reply to Isthisrealyreal
Report
cwillie Sep 8, 2019
We have this BS in Canada too and unfortunately my mom wasn't able to perform. I thought later that I could have got any woman to pose as her, who'd know? (And nuts to those of you who would say that is illegal and dishonest)
(5)
Report
See 1 more reply

Ask a Question

Subscribe to
Our Newsletter