DEC 29 1994 The Honorable Sam Nunn United States Senate 303 Dirksen Senate Office Building Washington

, D.C. 20510-1001 Dear Senator Nunn: This letter is in response to your inquiry on behalf of your constituent, XX who seeks information about the Americans with Disabilities Act (ADA). XX states her husband is a quadriplegic and is unable to sign his own name, but that she has power of attorney to sign his name for him. XX seeks to file a complaint under the ADA against First Union Bank for allegedly refusing to recognize her husband as the executor of his mother's estate, because of his inability to sign his own name. Title III of the ADA prohibits discrimination on the basis of disability in commercial facilities and places of public accommodation, including financial institutions. Title III requires, among other things, that owners and operators of places of public accommodation make reasonable modifications to their policies, practices, and procedures, if those modifications are necessary to provide services to persons with disabilities. The only limits on this obligation are that the required modification must be reasonable and may not fundamentally alter the nature of the services provided at the place of public accommodation. A bank policy of refusing to transact business with persons who cannot sign their own names would be subject to the reasonable modification requirement. The bank would be required to modify its policy, in order to allow a person with a valid power of attorney to sign a document on behalf of an individual who is unable to sign his or her own name because of a disability, if such a modification is reasonable and would not fundamentally alter the nature of the bank's services. cc: Records, Chrono, Wodatch, McDowney, Breen, Novich, FOIA, MAF Udd:Novich:Congress:Nunn 01-03569​ -2Title III can be enforced by private litigation, alternate dispute resolution such as mediation, or by filing a complaint with the Department of Justice. The Department is not able to investigate all the complaints of title III violations that it receives, and we have determined not to investigate this complaint. However, there are other entities that may be able to

assist XX in resolving her complaint. We have enclosed a list of such entities located in Georgia. In addition, we are enclosing copies of three status reports that detail the actions that the Civil Rights Division has undertaken to enforce titles II and III of the ADA. These reports illustrate that, although the Department of Justice is unable to investigate every complaint that it receives, we are taking strong action to enforce the law. I hope this information is useful to you in responding to your constituent. If XX wishes to have further information about the requirements of the ADA, she may contact our ADA information line at (800) 514-0301 (Voice) or (800) 514-0383 (TDD) between 10:00 a.m. and 6:00 p.m. Monday through Friday, except for Thursday between 1:00 p.m. and 6:00 p.m. EST. I hope this information is useful to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-03570​ Oct. ILLEGIBLE U.S. Representative Mac Collins 173 N. Main St Jonesboro, Ga 30236 Dear Sir: I have been informed that for a complaint to be filed regarding the American Disabilities Act, I start with my congressman, therefore I bring to your attention a complaint regard ing the First Union Bank - Fayette Co, Ga, branch and my quadriplegic husband. My husband and his brother are coexecutors of their mother's will which has been probated and on file in the Fayette Co. Courthouse with me as power of attorney to pay bills, cash checks, etc. since my husband is unable to sign as he has no use of his arms and hands and his brother lives in New York.

This was researched by our lawyer, agreed on by both co-executors, and all three heirs (my husband, his brother, and sister) and accepted in probate. Under this arrangement, my husband has "handled" all the business of settling the estate and preparing tax payment. We have had dealings with three 01-03571​ Finally, on a third trip to the bank, we were able to accomplish our business by having someone hold my husband's hand and making a mark observed by two bank employees. I hope to help prevent this from happening to anyone else by writing this. I would like to see this banking facility fined and a formal apology issued to my husband. Their inference that he is incompetent is insulting, discriminatory, and wrong. Just having handicap parking places and curb cuts does not make a place "disabled friendly" Your attention to this matter is greatly appreciated. I have also made copies to send to my senators, my state government representatives, as well as the president of First Union Bank. XX Fayetteville, Ga 30214 XX 01-03572