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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My friend Denise is 91 & has dementia, consequently she has

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My friend Denise is 91 & has dementia, consequently she has not filed taxes for 4 or 5 years. (she has no family) I'm going through all of her papers trying to bring her up to date. I did file 2012 on time! Yes, I am her power of attorney & have been for several years yet did not realize until last year that taxes had not been filed on a regular basis.
Denise lives in a retirement community & moved from independent living into nursing care, I think, at the beginning of 2012. Her rent went from apx. $1800 to $5000. monthly and the Home is now applying for Medi-cal. Her monthly income is apx. $3000. My question is: the Home only wants $2000 in her account (monthly) for them to apply for Medi-cal, so I have an account at her bank in my name & my social security no. and I move money from her account into (her other account) that is in my name & No. Is this a problem for me? I don't want the IRS to think this is MY money because it isn't & I'm using it to catch up with passed unpaid tax years. I'm hoping, by the end of May, to have ALL of her missed tax files to be up to date. Thank you -XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - It's probably not a problem but my suggestion would be to open a new account at her bank in her name with you as her POA and have her Social Security Number on the account. I doubt the IRS would care so long as they get their money but what concerns me is if she has any heirs that might try to accuse you of diverting her funds into your account. If the account is in her name then there's no question as to whose money it is. If you are just about finished with the taxes and you can account for all of the funds ant the transactions then I see no problem but once you get the taxes straightened out I would not continue this practice and I would only use an account in her name to handle her transactions. So long as you can sign as her POA then you have no problem.
Customer: replied 1 year ago.

Sir, It is the Home where she lives that doesn't want her social security no. with the extra money she has available for the IRS to see!


 


I don't see this as being illegal BUT I'm trying to cover my back-side.


 


Thank you, C

Expert:  Dave Kennett replied 1 year ago.
If you re doing this to try to hide money from the IRS then you should stop. I don't care what the "home" wants. If this is simply money that she has received and is in her account after taxes then it doesn't matter if the IRS sees it. If this is money that no tax is being paid on then its a problem and can be considered as tax evasion. I was assuming you were doing this for convenience but if this is something designed to hide money from the IRS I would not do it.
Customer: replied 1 year ago.

It isn't the IRS who will care it is Medi-cal. Sorry I didn't explain that too well. I don't want the IRS to think this is my money BUT it is medi-cal


who doesn't want to see more than $2000. in her account. Thank you, C

Expert:  Dave Kennett replied 1 year ago.
I understand but if you are hiding money from Med-Cal you could still have a problem. In any event I would get the IRS paid and then not do anything like this in the future.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dave Kennett
Dave Kennett
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25 years experience in general law, including real estate, criminal, traffic, and domestic relations