George Mendoza is a blind artist who was removed from mother’s estate while she was battling dementia

A recent story from the state of New Mexico illustrates some of the difficulties Las Cruces artist George Mendoza is facing in keeping his home.  Mr. Mendoza is an internationally known artist who became blind at the age of 15. He has been in films, written books, and he has competed in running in two Olympics for the physically disabled. Mr. Mendoza has been in a lengthy legal battle to keep the home he has lived in since the 1970s. He has lived there with his mother, and then with his own family.

The reason for this battle appears to be related to a power of attorney his mother signed years ago while she was suffering dementia. It is alleged that her family had her sign a power of attorney to remove Mr. Mendoza from the estate. As a result, Mr. Mendoza’s rights with respect to the property have been disputed. When his mother died intestate, he was offered a personal representative deed to his home. He has battled for over eight years to keep his home.  The matter is currently ongoing. None of the allegations have been proved in Court.

George Mendoza remains in his home and will fight to keep it

The above story suggests that Mr. Mendoza was removed from his mother’s estate by her signing a power of attorney while she was suffering from dementia. It is not clear how she was able to appoint an attorney under a power of attorney if she had dementia. If capacity was in issue, it may bring into question the validity of the power of attorney that was granted. Unfortunately, not a lot of information is available about the particulars of this case. Mr. Mendoza insists that his mother wanted him to stay in the home. Additionally, he has stated that he has incurred significant legal fees in excess of $50,000 to keep his home. It will be interesting to see what happens in this case as more details come out.

More on the latest developments in this story here.