Posted on 04/07/2005 2:59:57 AM PDT by schmelvin
You are correct. It works the same way here, which is why I'm so uncomfortable with the fact that Mae is still in a hospice.
Correction: It used to be that way, but is changing. The right-to-die lobby has been pushing through laws making it possible for hospices to accept comatose and PVS patients.
If memory serves correct, the Schindlers were never allowed to have a copy of the admittance form.
"In his order, Probate Judge Douglas Boyd permitted Gaddy to continue as Magouirk's temporary guardian, but in a formal letter attached to the order stated that her powers were limited. One of the conditions of her guardianship is "To see that the ward [Magouirk] is adequately fed, clothed, sheltered and cared for, and receives all necessary medical attention, including placement in a nursing home, if appropriate."
...AND RECEIVES ALL NECESSARY MEDICAL ATTENTION, INCLUDING PLACEMENT IN A NURSING HOME, IF APPROPRIATE...
And her granddaughter placed her into a Hospice where she can NOT be admitted unless her lifespan is LESS THAN SIX MONTHS!
signing off for tonight (actually near 3:00 a.m.). Chat with you tomorrow.
"March 31 -- relatives in Alabama who have decisionmaking authority according to Georgia law talked to hospice attorney--Mae's sister ordered IV fluids and feeding tube. Hospice attorney started IV fluids that evening but said family would have to come in person to sign order for feeding tube."
If the granddaughter had fiduciary power of attorney, then she had the legal right under Georgia statutes to make decisions for the grandmother. Courts normaly would not split medical and finacial care because they are so entertwined. The Granddaughter is also a legal next of kin, she had to have some sort of durable power of attorney in order to have a claim on the emergency guardianship.Georgia code 29-5-6 and 29-5-5.
I'm just guessing on this, but it fits the orginal fact patteren: there probably had been an earlier court hearing since the granddaughter had finacial power of attorney where she was named the legal next of kin. According to Georgia law the granddaughter and the brother have the same level of consanguinity for a kinship claim. IF there was an earlier court hearing where the granddaughter was given the power of attorney AND the living will was not a proper one (if it hasn't been properly noterized or filled out or it was one of those downloaded fill in the blank ones, not legally binding) the granddaughter is the next-of-kin especially since the granddaughter is a direct decendant.
She must have been since she obtained emergency guardianship.
Another strange thing is that in his initial press release, Kenneth lists two of the three, Mae's local cardiologist Dr. James Brennan and Birmingham cardiologist Dr. Raed Aqel, as saying that the aortic dissection is contained and not life-threatening. But in a later email Kenneth says he is not holding out hope because two of the three cardiologists are from LaGrange.
It seems like this should have been a slam-dunk for the family to get her feeding tube in and move her to a hospital. The hospice stalling while the grandchildren went to court and the award of the emergency and temporary guardianship to Beth seem very strange.
That's interesting information. It's not encouraging, but it's still helpful to know. Thanks.
That doesn't surprise me, the patient's consulting physician had not signed it, the 'diagnosis' was handwritten - added in later goodness-knows-by-whom, Terri's life expectancy on the form is shown as 6 months after the insurance payout was calculated for a life of 40 or more years.
I'm supposing the same applies in this case. The admittance form would show a life expectancy of 6 months, and the signatures of the doctor/s would be missing. They have to be missing, because no conclusion has been reached. It's the same all over again, there's a chance this woman will die before the paper-work is finished, they don't even wait for the ink to dry.
If this woman's granddaughter had wanted her to live, she would have taken granny to a Nursing Home, not a Hospice. She's a clever one. Nursing homes cost money.
Thank you for your input. All of it would make more sense if the law is a little different than what has been reported so far.
Still going for the Micheal choked her theory. Well, it doesn't fly and let me tell you why: Take a look at the mal-practice case Mr. Schiavo filed on behalf of Terri Schiavo. The doctors being sued had access to ALL of Mrs. Schiavo's records including the now infamos bone scanes. Do you not think they would have raised the wife beater defence at trial? It would have been the perfect argument.
BTW that is the same trial in that Mr. Schindler said Micheal Schiavo was the best husband and son-in-law he could have ever asked for.
And I love all the he got the money and wanted to kill her off theories. The man would have recieved a larger settlement had the DNR been in place during the trial not put on afterwards. And who in thier right mide waits almost six years after winning money in a court settlement to pull the plug? If Mr. Schiavo was in it for the money he did everything possible to ensure he wouldn't get much.
http://www.nrlc.org/euthanasia/willtolive/index.html
Good Morning, Fred Nerks. Just wanted to pop a quick hello, and say, "IT'S GREAT TO HAVE YOU HERE."
Some links to Georgia law:
Financial power of attorney
http://www.legis.state.ga.us/legis/2003_04/gacode/10-6-141.html
Form
http://www.legis.state.ga.us/legis/2003_04/gacode/10-6-142.html
Appointment of guardians
http://www.legis.state.ga.us/legis/2003_04/gacode/29-5-6.html
Next of kin (in regard to autopsy here)
http://www.legis.state.ga.us/legis/2003_04/gacode/45-16-27.html
"It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of securing a written release or when access to the photographs is requested by the next of kin, the deceased´s next of kin shall be:
(1) The spouse of the deceased if living;
(2) If there is no living spouse of the deceased, an adult child of the deceased;
(3) If there is no living spouse or adult child, a parent of the deceased;
(4) If there is no living spouse, adult child, or parent, a sibling of the deceased;
(5) If there is no living spouse, adult child, parent, or sibling of the deceased, a grandparent of the deceased;
(6) If none of the above are living, an uncle of the deceased;
(7) If none of the above are living, an aunt of the deceased; or
8) If none of the above are living, a first cousin of the deceased."
From what I have found so far, it appears that assigning financial power of attorney is a simple process not requiring a court hearing. Also, there seems to be no assumption that medical power of attorney goes with financial power of attorney. The link states the opposite.
I have not found a definition for "next of kin" for guardian / power of attorney issues, but the one I found fits with the claims of the nephew that Mae's brother and sister are next of kin under Georgia law.
Can I use this post in the e-mails I'm sending out? It's more comprehensive than mine.
Yes, feel free to use anything I've posted.
Health care power of attorney form
http://www.legis.state.ga.us/legis/2003_04/gacode/31-36-10.html
Oh, one more thing I should tell you.
Go look at post #1108. It's got a ton of media and political contact links. I have already emailed the entire message in my #1234 post (including all the links I posted in #1234) to every single one of the contacts listed in post #1108.
I figured you would want to know this so you don't waste time sending it to people who've already received it.
I guess insomnia does payoff in some cases.
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