Dorris Hamilton to remain with corporate guardian while son moves back to Las Cruces

Dorris T. Hamilton, retired educator and civil rights activist, listens to a blessing given before the Martin Luther King Day march in downtown Las Cruces on Sunday. A group of locals, including members of the NAACP, gathered to commemorate Martin Luther King Jr.'s life and deeds. (Photo: Photo by Paul Ratje)

LAS CRUCES - A district judge ruled Tuesday that retired educator and civil rights figure Dorris Hamilton will remain under corporate guardianship for now, but also said he would review the matter in six months after her son, who is seeking permanent guardianship, pledged to return to Las Cruces next month.

The hearing drew a crowd to Judge Manuel Arrieta's courtroom that included supporters from the Doña Ana County branch of the NAACP, local church groups, elected officials and members of the public.

Some in attendance said she had been their school principal, and others had been mentored as educators by her.

Dorris Hamilton, 91, was the principal of Lynn Middle School for 20 years and the first African-American school principal in Las Cruces. She retired from the Las Cruces Public Schools around 1996.

Earlier in her life, Hamilton broke a segregation barrier at the University of Arkansas when she enrolled as the school's first African-American female student. She later met civil rights leader Martin Luther King Jr.

Hamilton attended the hearing herself, walking unassisted into court and smiling as she greeted friends and supporters.

During the formal proceeding, however, she and her son, Rio Hamilton, were seated at opposite tables as he asked the court to replace Advocate Services of Las Cruces, his mother's temporary guardian and custodian, by appointing him permanent guardian and the Decades corporation as conservator responsible for Ms. Hamilton's finances.

Las Cruces attorney CaraLyn Banks filed a petition recommending Advocate Services as temporary guardian after the Hamiltons consulted with her about completing a power of attorney designation in July. 

At Tuesday's hearing, Banks said she acted out of concern and a professional responsibility for Ms. Hamilton's welfare, noting that the educator lived alone while her son lived out of state, and testifying that a concerned neighbor had previously contacted Banks about Hamilton's situation. She said she petitioned the court after judging Hamilton as unable to consent to a power of attorney.

Genesis HealthCare's The Village at Northrise — The Hallmark (Photo: Courtesy photo)

The court heard testimony from Advocate Services owner Sandy Meyer about actions she and her staff took to secure Ms. Hamilton's home after she was moved to the Village at Northrise healthcare facility, where she said Hamilton had made friends and participated in daily activities. 

Meyer also said that Hamilton's car was deemed too dangerous to drive by an auto mechanic, and that the physical condition of her house made it "not at all habitable," corroborated in detail by testimony from a licensed home inspector that contracts with the guardian.

Rio Hamilton testified that he had no plans to move his mother from Northrise, but wanted to conduct further inspections of the home to see if repairs and remodeling were feasible. 

Rio Hamilton, who grew up in Las Cruces, has lived in New York City for 25 years, where he works as a marketing and branding professional. He said he planned to move back to Las Cruces in November in order to attend to his mother, and believed that since his work was "somewhat remote" he could retain some of his present client base while establishing himself in town. 

David Lutz, the court-appointed guardian ad litem representing Dorris Hamilton, said he had worked with Mr. Hamilton on formulating a plan for moving into town and assisting his mother with her desire to attend church and maintain social connections, and consulting with her physicians. He described Rio Hamilton as "uniquely qualified" to serve her best interests, and agreed that a professional financial manager such as Decades was a wise move.

Judge Arrieta said his decision had to rest on what was in Ms. Hamilton's best interest, and he remarked on the testimony about the state of Hamilton's home and vehicle in light of her son's testimony he had visited his mother two or three times per year. 

Arrieta ruled that Advocate Services would remain as Ms. Hamilton's guardian for another six months to give Mr. Hamilton time to "settle in" once he moves into town. 

Minutes after the hearing concluded, Hamilton said he felt "devastated" but would proceed as planned and prepare for the next hearing.

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Dorris Hamilton to remain with corporate guardian while son moves back to Las Cruces

See Also:
Las Cruces educator, civil rights figure Dorris Hamilton under court-ordered guardianship