I notarized a financial POA at a nursing home for a senior citizen. He was able to understand and talk but was too weak to sign his name, so we used a signature by proxy. Colorado law allows a disabled person who is physically unable to sign to direct another person to sign for them. The notary adds wording to the document to show that it was signed under the direction of the disabled person.
The appointed agent, a family member, took the POA to the bank and the bank refused to accept it, although it was signed and notarized correctly, according to the law. The bank insisted that the principal's thumbprint must be added to the document to satisfy them. Colorado RULONA notary law does not have a procedure for a signature by mark, seal or thumbprint. Signature by proxy CRS 24-21-509 is used.
So, the agent scheduled a second notary appointment and I performed exactly the same notary procedure. The agent then added the principal's thumbprint in the margin of the POA. The bank only accepted the POA with the thumbprint.
This seems to be disability discrimination, requiring a disabled person to take extra steps that are not required for a non-disabled person, and extra expense by requiring a second appointment with the mobile notary.
Has anyone else seen a requirement for a thumbprint on a power of attorney? |
