How to Fill Out Form 2848 When Appointed Legal Guardian - Need to Access All IRS Records

As someone who's worked with tax matters for years, I can help you navigate Form 2848. First, since you have court-appointed guardianship, you actually have more options than just using Form 2848. For your situation, you should use Form 56 (Notice Concerning Fiduciary Relationship) along with your court documents showing legal guardianship. This establishes your fiduciary relationship with the IRS and gives you broader authority than Form 2848. If you still want to use Form 2848, for Line 3 you can write "All tax matters" on the first line and specify "All tax years" or "2019-2023" in the tax form number column. You don't need to list every specific act - a broad authorization works fine. The form has limited space but the IRS understands general authorizations. Make sure to include copies of your court-appointed guardianship documents with whatever form you submit. That's crucial for establishing your authority to act on your father-in-law's behalf.

Just wanted to share my experience with using taxr.ai to help with a similar situation last year. My mom had a stroke and I became her guardian, having to deal with all her tax issues. I was completely lost with the forms until I found https://taxr.ai which analyzed all the court guardianship documents and explained exactly what I needed to do. It saved me so much time because it told me exactly what to write on each line of Form 2848 and also explained that I needed Form 56. The system created a detailed explanation of how the forms work together when you have court-appointed guardianship. They even had specific instructions for Line 3 that matched my situation almost exactly.

I decided to try taxr.ai after posting my question here, and wow - it was exactly what I needed! I uploaded my father-in-law's court guardianship papers and got specific instructions for both Form 2848 and Form 56. For Line 3, it showed me that I should write "All tax matters" with tax years "2018-Present" on the first line, then "Payroll tax issues" specifically on line 2 with "2018-Present" again. It explained that even though the form has limited space, these two lines actually cover everything we need. The analysis also pointed out something really important - that I needed to check Box 5a (authorization to access tax records) and specifically mention the court order in the "Other" section. I never would have known that! They also provided a sample cover letter to include with our submission explaining our situation. Honestly, what would have taken me days of stress took about 30 minutes to figure out.

I dealt with a similar situation last year trying to handle my uncle's tax problems after he became incapacitated. It was impossible to get through to the IRS - I spent literally 4+ hours on hold multiple times and kept getting disconnected. I eventually used Claimyr (https://claimyr.com) to get through to an actual human at the IRS. They have this callback system where they wait on hold for you then call when an agent is ready. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Once I actually got to speak with an IRS representative, they explained exactly what I needed to do with the forms. The agent walked me through the whole process and even told me which supporting documents to include. Much easier than trying to figure it out alone!

I have to eat my words here. After seeing the comments, I tried Claimyr last week for my own tax issue (not related to Form 2848, but I needed to talk to someone about a CP2000 notice). I was literally shocked when I got a call back in about 90 minutes saying they had an IRS agent on the line. The agent helped resolve my issue in one call. I had been trying for over a month to get through on my own. For anyone dealing with Form 2848 issues like the original poster, being able to actually speak with someone at the IRS makes a huge difference. They answered my questions about exactly what supporting documentation I needed to include, which probably saved me from having my forms rejected. Not thrilled about having to pay for access to a government agency, but the time saved was definitely worth it.

Just a quick tip from someone who went through this - make sure to check Part II of Form 2848 carefully! There's a section where you have to identify what type of representative you are. Since you're not a CPA, attorney, or enrolled agent, you'll need to check box "h" for "Family Member" and explain your court-appointed guardian status. The IRS might still ask for additional documentation, but properly completing this section helps a lot. When I filled this out for my mother, I also wrote "See attached court order appointing guardian" next to my selection.

Has anyone dealt with payroll tax issues specifically when representing someone else? The OP mentioned unpaid payroll taxes, which can be tricky. When I was helping my brother with his business tax problems after his accident, I found that payroll tax issues required some additional documentation.

I'm dealing with a very similar situation with my elderly father who has dementia. One thing I learned the hard way is that even with proper guardianship documentation, some IRS offices are more familiar with these situations than others. What really helped me was calling the Taxpayer Advocate Service (TAS) at 1-877-777-4778. They have special procedures for cases involving incapacitated taxpayers and can help ensure your forms are processed correctly. They also helped me understand that for payroll tax issues specifically, you might need to deal with a different IRS department than regular income taxes. The TAS representative walked me through exactly what to write on Line 3 for my situation: "All tax matters including payroll taxes, trust fund recovery penalties, payment plans, and collection activities" for tax periods "All years." They said being specific about payroll taxes is important because those cases often get transferred between departments. Also, don't be surprised if you need to resubmit your forms multiple times. Even with perfect documentation, I had to send mine three times before they were fully processed. Keep copies of everything and get certified mail receipts!

I went through this exact situation with my mother-in-law after she had a severe brain injury. One thing I wish someone had told me earlier is to also consider filing Form 2848 with multiple IRS service centers if you're dealing with different types of taxes. For the payroll tax issues you mentioned, those are typically handled by the Business Master File (BMF) system, while individual income taxes go through the Individual Master File (IMF) system. Even though you're the same person with the same authority, these systems don't always communicate well with each other. What worked for me was filing separate Form 2848s - one for the individual tax matters (unfiled 2023 return) sent to the processing center for your state, and another specifically for the payroll tax issues sent to the Cincinnati Service Center which handles most business tax collection cases. On both forms, I used the language that Amina mentioned: "All tax matters including payroll taxes, trust fund recovery penalties, payment plans, and collection activities" but then specified on each form which specific issues I was primarily addressing with that submission. This redundant approach prevented the frustrating situation where one department would tell me they couldn't help because my authorization was filed with a different department. It's extra paperwork upfront, but it saved months of back-and-forth later.

This thread has been incredibly helpful! I'm currently dealing with a similar situation for my stepmother who became incapacitated after a severe car accident. Reading through everyone's experiences has given me a much clearer roadmap. A few key takeaways I'm noting for my own situation: 1. Use both Form 56 and Form 2848 together with court documents 2. Be specific about "payroll taxes, trust fund recovery penalties, payment plans, and collection activities" on Line 3 3. File separate 2848s with different service centers for individual vs business tax matters 4. Contact Taxpayer Advocate Service for guidance on incapacitated taxpayer procedures 5. Include the full court order, not just excerpts One question I have - for those who successfully got their forms processed, how long did it typically take from submission to receiving confirmation that your authorization was active in their system? I'm trying to plan timeline-wise since we also have some pressing deadlines with unfiled returns and accumulating penalties. Also, has anyone dealt with state tax authorities in addition to the IRS? I'm wondering if the same guardianship documentation works for state-level tax issues or if that requires separate authorization forms.

This thread has been a goldmine of information! I'm an enrolled agent who frequently helps families navigate these exact situations, and I want to add a few professional insights that might help. First, regarding the Form 2848 vs Form 56 question that came up earlier - you're absolutely right that both forms serve different purposes. However, for court-appointed guardians, I typically recommend starting with Form 2848 because it gives you immediate representation authority while Form 56 establishes the ongoing fiduciary relationship. The IRS recognizes guardianship authority, but Form 2848 makes the process smoother when dealing with different agents. For the specific language on Line 3, I always recommend: "Income, payroll, and employment taxes; installment agreements; collection matters; trust fund recovery penalties; all correspondence and notices" for tax periods "All years and quarters." This covers virtually everything you might encounter. One critical point that wasn't mentioned - if the payroll taxes involve a business entity (LLC, corporation), make sure the Form 2848 includes the business EIN in addition to your father-in-law's SSN. Payroll tax liabilities can be associated with both the business entity and personal responsibility, and you want authorization for both. Also, consider requesting penalty abatement for reasonable cause once you get your authorization processed. The IRS often grants relief for penalties that accrued while a taxpayer was incapacitated, especially with proper medical documentation.