Clovis, NM asked in Tax Law for New Mexico

Q: I have an uncle in assisted living. I have POA. He did not recieve the forms to file his tax. S.S. said I needed a lette

From him to get the forms. He and I are I different cities. I asked the administrator to please write a letter for him and him sign it. So that I could get the forms needed from S.S.

She said she would then later informed me she was told by the facility lawyer not to do it. Does she have the right to refuse?

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1 Lawyer Answer

Bruce Alexander Minnick

Answered

A: Yes, in fact she has more than the right to refuse. Why? Because the administrator of an assisted living facility does not have the authority to do what you asked her to do. Moreover, the administrator is not being paid to write official letters to the Social Security Administration or the IRS for residents. If you have POA over your uncles financial affairs then you should have the power to write the letters yourself; just remember to include a copy of your POA.

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