Filing tax return or not?

Question

My deceased father's step mother (so my step grandmother) is in her 90s. She went from an apartment to a nursing facility in May 2011. She has social security income, rolled 2 CDs into her checking when she went to nursing home and has since used all her money paying nursing home. She will soon be on medicaid, that not being my issue.  My issue is not only has she quit cooperating physically and mentally, of her own choosing, we do not know how many more times to ask her about filing her taxes, or just give it up. She won't offer any bank 1099s and we assume the social security income is non taxable anyway. We are not her blood relatives (myself, my mom and my sisters), she has none, so we are thinking there's no legal repercussions on us. We do not know what to do about her taxes. Keep pressing her or just let it go?

garyg7 · Accepted Answer

Do you know if she granted a durable power of attorney to anybody? It sounds like she is mentally unable to care for her own affairs. If she didn't sign a POA to anybody then you may need to get a court to grant custodianship to somebody. Check the listings for a state department of aging or something like that. A social worker should be able to help you.

Unless her CDs were very big, she may not have taxable income. Maybe you can talk to someone at her bank. Who did her tax returns in the past? He or she may know who you can contact.

I hope this helps.
Gary

tro · Answer

her non taxable income is $10950, does she have that much income 
her SS is likely not at all taxable and in fact, if she is in a home qualified by SS they probably take it for her lodging
if she won't cooperate with you she might have to have a guardian who will maintain her financial affairs, you don't have to fight the battle yourself

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Filing tax return or not?

2 Answers