I just learned that my father hasn't filed taxes in years. He is in a nursing home and has dementia.

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His power of attorney is his girlfriend who has no idea what or when he might have filed. He hasn't had a job in years and has been disabled for a long time. I'm not sure if he would have had to file but he did own a home with a mortgage. Somehow he made mortgage payments until 2 years ago. He now can't answer any questions and no one seems to know where any paper work is. His girlfriend has sold the house and after the mortgage is paid off, the proceeds will cover past due property taxes. There is nothing else left - no money, no insurance policies, no property. Should we try to make his POA file past due tax returns? There is nothing left to pay any taxes - again, not sure he would have even had to file as we think all he got was SS benefits. Who could be held responsible? Thoughts?

Attorney Answers

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David Gotzh ·
Petition for Guardianship might be one avenue. Talk to a Probate Attorney in your area for specific guidance.
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Christopher Larson ·
That is the thing about tax returns. You never can be 100% sure you do or do not owe anything unless you prepare one. It sounds like it might be worth doing for your piece of mind. The will likely put him into non-collectible status because of his situation. But if all he had was SS income, the IRS is not going to rush to file his returns. You can order Wage and Income transcripts for the period just to verify there is no hidden income. Christopher Larson www.insightlawfirm.com www.insightlawfirm.wordpress.com
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