I understand that CA law requires the signer of a real estate document or power of attorney to leave a thumbprint in the notary journal. That is not discrimination since ALL signers are treated equally.
Colorado law does not require any thumbprints in the notary journal. I request a thumbprint for all transactions and most signers cooperate voluntarily. In this case, I got the thumbprint in my journal. But the bank required a thumbprint on the POA document, only for a person with a writing disability, not for other persons.
It is a national bank, but the principal has an account in Colorado. State and federal anti-discrimination laws apply to places of public accommodation. The federal Americans with Disabilities Act (ADA) protects persons with disabilities. Violators may be ordered to pay damages plus a civil penalty up to $50,000 on the first offense. A complaint may be filed online at https://www.ada.gov/filing_complaint.htm
Under Colorado law, CRS 15-14-720, a person may be held liable for attorney fees and costs if they refuse to accept a power of attorney and it is proven to be valid. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. Colorado has a standardized POA form provided in the POA statutes. That was the POA form used in this case. |
