# How tax return should be signed if I am the preparer but not a \*paid\* preparer

**URL:** <https://boards.straightdope.com/t/how-tax-return-should-be-signed-if-i-am-the-preparer-but-not-a-paid-preparer/959160>\
**Category:** Factual Questions\
**Created:** [February 9, 2022, 3:27pm UTC](https://boards.straightdope.com/t/how-tax-return-should-be-signed-if-i-am-the-preparer-but-not-a-paid-preparer/959160 "2022-02-09T15:27:31Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [February 9, 2022, 3:27pm UTC](https://boards.straightdope.com/t/how-tax-return-should-be-signed-if-i-am-the-preparer-but-not-a-paid-preparer/959160/1 "2022-02-09T15:27:31Z")

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My mother-in-law has Alzheimer’s and has been incapable of managing her own affairs for years. My wife has a general durable power of attorney. I am doing her taxes. My MIL is not competent to sign. How should the return be signed? I use TurboTax and will e-file.

1. Sign using my MIL’s name as if she had signed it herself
2. My wife signs under the POA
3. Other

I put this in FQ because I think this is a black & white question that should have a settled answer. If instead it is a question of legal opinion that can vary depending on whom you ask, I am not averse to having it moved.

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [February 9, 2022, 3:33pm UTC](https://boards.straightdope.com/t/how-tax-return-should-be-signed-if-i-am-the-preparer-but-not-a-paid-preparer/959160/2 "2022-02-09T15:33:32Z")

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Your wife signs for your MIL, you don’t sign anything, you’re not a paid preparer.  
From the 1040 Instructions:

> If you have someone prepare your return, you are still responsible for the correctness of the return. If your return is signed by a representative for you, you must have a power of attorney attached that specifically authorizes the representative to sign your return. To do this, you can use Form 2848

Also, this, my bolding…

> Generally, anyone you pay to prepare your return must sign it and include their Preparer Tax Identification Number  
> (PTIN) in the space provided. The preparer must give you a copy of the return for your records. **Someone who prepares your return but doesn’t charge you shouldn’t sign your return.**

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**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [February 9, 2022, 3:34pm UTC](https://boards.straightdope.com/t/how-tax-return-should-be-signed-if-i-am-the-preparer-but-not-a-paid-preparer/959160/3 "2022-02-09T15:34:54Z")

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The IRS publishes instructions that detail what to put in every line.

For the signature on the 1040, it says “if you are a […] fiduciary for a mentally or physically incompetent individual […] sign your name for the individual and file Form 56”

So, _you_ can’t sign it, because you’re not a fiduciary. Your wife should sign it.

ETA: After looking at Form 56 and Form 2848, 2848 looks like the right one in your case.