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Elderly client issue


Catherine

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Elderly client - his daughter has *just* (and I mean, like last week) put him into assisted living for memory issues.  Wrote a check to me for tax prep, and to both the feds and state for tax due. Called his bank and put "stop payment" orders on all three.  Feds are hitting him for penalties & interest because of this.  (I will just charge him the $5 bank fee from my bank.)  His daughter has a durable POA and has taken the checkbook away from him - and the address book with the bank number in it, too.  *She* will be writing new checks all around.  So it won't happen a second time.

But my question is:  Anyone ever have any luck getting these abated due to senile taxpayer doing something nonsensical?   

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KC -- It was he who called the bank.  Apparently he put "stop" orders on a slew of checks.  The IRS, MassDOR, and I just happened to be on the happy list.

I will write and ask them to abate.  Once I hear back from the daughter with any additional details she has.

Thanks to all.

Edited by Catherine
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Yep - I have thrown the client at the mercy of the IRS in a very similar situation and they (the IRS) bought my argument.  I provided the information and the timing of the events including when he was checked in to assisted living and the level of the assisted living and the relativity of the timing of all of the events.

On another note, an 80ish gentleman with dementia decided to go for a walk down the middle of a very rural road in my neighborhood at 4:30 in the morning last Thursday dressed in dark clothes.  He was struck and killed by the only car that would have traveled that road at that hour.  As challenging as it is, we need to do a better job of protecting these people from themselves.  The driver of the car will never be the same person.

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It's very hard, sometimes, to protect them.  Even if this gentleman was living with family -- if you really want to get out, you get out.  My sympathies to the driver; that will be a nasty memory to live with.  And to the family of the eld himself; they probably feel guilt as well as the loss of a family member.

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