Posted on 04/07/2005 2:59:57 AM PDT by schmelvin
For Immediate release! To: All media, and supporters of life. From: The Family of Mae Magouirk Date: April 6, 2005 Contact: Kenneth Mullinax - Mockingbird@compuhelp.net
Shiavo case revisited in Georgia
Mae Magouirk…not comatose …not vegetative …not terminal
Why is Hospice LaGrange, Ga. withholding nourishment?
(LaGrange, Georgia) Mae Magouirk is being withheld nourishment and fluids and the provisions of her Living Will are not being honored at the Hospice-LaGrange, (1510 Vernon Street, LaGrange “Troup County” Georgia, 706-845-3905) a subsidiary of the LaGrange Hospital in LaGrange Georgia. Her family is desperately seeking to save her life before she dies of malnourishment and dehydration.
Mae Magouirk IS NOT comatose and she IS NOT vegetative. She is not terminal!
Despite these facts the Hospice and Beth Gaddy, a school teacher at LaGrange’s Calloway Middle School and granddaughter of Mae Magouirk have been denying her proactive nourishment or fluids (via a nose administered feeding tube or fluids via an IV) since March 28 without prior legal consent; against the wishes of her Living Will and against the wishes of Mae Magouirk’s closest living next of kin. Mae Magouirk’s next of kin are: Mr. A. B. McLeod (Her Brother) and Mrs. Lonnie Ruth Mullinax (Her sister) both of nearby Anniston, Alabama.
Under Georgia law, unless a medical durable power of attorney is in place, your closest living next of kin are stipulated to make all medical decisions. When Mae Magouirk’s closest living next of kin lodged a complaint with Hospice LaGrange’s in-house attorney Carol Todd last Thursday, March 31, Ms. Todd checked Mae Magouirk’s case file and upon examination of both documents discovered that Beth Gaddy DID NOT have the durable medical power of attorney for Mae Magouirk and upon closer examination of Mae Magouirk’s Living Will ascertained that fluids and nourishment were ONLY TO BE WITHHELD if she was either comatose or vegetative. SHE IS IN NEITHER STATE!!!
Nor is Mae Magouirk terminally ill. Her local LaGrange, Ga. cardiologist, Dr. James Brennan and Dr. Raed Aqel, a highly acclaimed interventional cardiologist at the nationally renowned University of Alabama-Birmingham Medical Center have determined that Mae Magouirk’s aortic dissection is contained and not presently life threatening.
Two weeks ago, Mae Magouirk’s aorta had a dissection and she was hospitalized in the LaGrange Hospital in LaGrange, Ga. Her aortic problem was at first determined to be severe and she was admitted in the intensive care Unit. Her granddaughter, Beth Gaddy, a teacher at the Calloway Middle School in LaGrange, stated that she held Mae Magouirk’s medical power of attorney and thus invoked said powers against the wishes of Mae Magouirk’s closest living next of kin by having her moved to Hospice-LaGrange. While at Hospice-LaGrange, Beth Gaddy stated that her wishes were for no nourishment for Mae Magouirk via a feeding tube or fluids via an IV. Before hospitalization Mae was lucid and never had been diagnosed with dementia as was testified to in Probate Court on Monday, April 4, by a local MD.
Page Two Mae Magouirk is being starved to death!
Upon learning from Hospice-LaGrange that Mae Magouirk was being denied nourishment and fluids and upon being told by Carol Todd (Hospice LaGrange’s in-house legal consul) that Beth Gaddy DID NOT HAVE THE PROPER LEGAL AUTHORITY to deny said nourishment AND that the denial of nourishment went against Mae Magouirk’s Living Will, Mae’s family (Mullinax/McLeod) ordered the immediate beginning of such nourishment/fluids for Mae to Hospice via Carol Todd.
First Contact with Hospice on Thursday, March 31 Carol Todd told Mrs. Lonnie Ruth Mullinax (Mae Magouirk’s sister) and Kenneth Mullinax (Mae Magouirk’s nephew) via phone on Thursday, March 31 that Georgia Law stipulated that Mrs. Mullinax and her brother A. B. McLeod (Mae Magouirk’s brother) were entitled to make any and all decisions for Mae Magouirk. Mrs. Mullinax immediately told Carol Todd to insert fluids via an IV and insert a feeding tube, via her nose. Carol Todd had the IV fluids started that evening but told the family that they would have to come to Hospice LaGrange to sign papers to have the feeding tube inserted and because of such, she believed that Mae Magouirk would no longer be a candidate for Hospice LaGrange. She was then told that Mae Magouirk’s family concurred and the ONLY REASON Mae was at Hospice was because the LaGrange Hospital had failed to exercise due diligence in closely examining the power of attorney which Beth Gaddy said she had, as well as executing the provisions of Mae’s Living Will to her preordained stipulations. Gaddy only had a financial power of attorney and did not have a medical power of attorney and Mae Magouirk’s Living Will provided that a feeding tube and fluids SHOULD ONLY BE DISSCONTINUED IF Mae was comatose or in a vegetative state. She was and is in neither state.
Attempt to rescue Mae on Friday denied by Probate Judge Donald Boyd On Friday, April 1, when A. B. McLeod (brother) and Kenneth Mullinax (nephew) showed up to meet with Carol Todd and to arrange emergency air transport of Mae Magouirk to the University of Alabama-Birmingham Medical Center (One of the top cardiovascular centers in the USA) Hospice LaGrange stalled them while Beth Gaddy went before Troup County Georgia (LaGrange, Ga.) Probate Judge Donald W. Boyd (who DOES NOT hold a law degree) who granted Beth Gaddy emergency guardianship of Mae Magouirk, giving Beth Gaddy full and absolute authority. Thus, they COULD NOT MOVE HER FOR PROACTIVE MEDICAL CARE Friday because Beth Gaddy had Hospice stop them and then she had Mae’s IV fluid tube pulled out. Beth Gaddy has repeatedly told Mr. McLeod, Mrs. Mullinax and Kenneth Mullinax that she feels they all should let Mae not eat and thus cause her to die because, and we quote Beth Gaddy: “Grandmamma is old and I think it is time she went home to Jesus. She has glaucoma, and now this heart problem and who would want to live with disabilities like these?”
As stipulated under Georgia Law, a hearing for an Emergency Guardianship, must be held within 3 days of its request and Mae Magouirk’s hearing was held on this past Monday, April 4, before Troup County Georgia Probate Judge Donald Boyd who favors granting Beth Gaddy permanent guardianship and thus will seal Mae Magouirk’s fate of allowing Beth Gaddy to starve her to death against the wishes of her Living Will and in full knowledge that Mae Magouirk is not terminal, not in a coma and is not in a vegetative state and that medical care at UAB Medical Center is awaiting her. Shiavo revisited!
Mae’s present state and vital signs Mae’s blood pressure is good, averaging 140/82 with a pulse rate of 88. However, since admission to Hospice she has not been lucid but who would be since nourishment and fluids have been denied since March 28, 2005. Also adding to her confusion is that she is off her regular medicines and is on a dose of Adavan and Morphine. Without food or water her electrolytes and body chemistry is not within its proper parameters. If her condition is not given major public attention soon, she will die, not by divine cause but by the omission of assistance by man. WE MUST GET Mae moved to UAB Medical ASAP
Resources: Probate Judge Donald Boyd…Court CASE NUMBER: Estate 138-05 Attorney for saving Mae’s life: Jack Kirby, Kirby & Roberts***
Very true. Since Terri Schiavo was NOT terminal, and did NOT leave anything in writing stating that she wanted to die a cruel death by dehydration, I take it that you were on the side of life for Terri. Is that correct?
My friend, a ping to post #190. This is how conversations start to deteriorate.
I secons your comments Ohioan, do you think I should tell her about my spelling issues now or let her figure it our for ehrslef?
LOL! I hope that our spelling errors will not condemn us again! ;-)
So what time of day is it there for you, 11:30 pm or 12:30 am?
I didn't take a side in her case, I ~mostly~ sat out of the discussion of it. I couldn't sort through all the allegations to find the truth, and when I asked questions, I got flamed.
But when I spoke with my husband, we each decided we didn't want to live like she lived for 15 years. And we don't have anything in writing, yet, either.
I do not understand your comment about post #190. What is wrong with #190?
I think we should make a law that says, Legal Guardians can't inherit from the estates. Then let's see who steps up to be legal guardians. 9 times out of 10 to me I think the people kill off their family for the money. They worry about the healthcare expense so in order to preserve their inheritance they kill them off.
In Mae's case her grand daughter is a teacher. A teacher in Alabama. I'm not form that part of the country but I have not heard that Alabama teachers are paid a heck of a high salary. It's almost always about the money.
I rpedict soon we will see Michael Schiavo move into a nicer bigger house. And we will all be wondering how much life insurance he had on Terri.
Yup follow the money...
It's 12:30 am, jsut past midnight.
So for YOU, if your husband was exactly like Terri Schindler, you would have no problem starving and dehydrating him to death? From what you know.
You know, I actually understand the fear of bad behavior by beneficiaries, because I've seen them act badly. Not bad enough to kill, but bad enough to argue over dishes they'll never use. But I think most families would be apalled at the suggestion that they do not care about the deceased, and would not trade all inheritance for more time with their lost one. I know I'd trade it all for my mom back.
But do you want your medical decisions being made by someone ~not~ close to you? A hired gun or attorney instead of your family?
Thought I was close! You gettin' sleepy yet?
It's not fiction at all. Stop and think for a moment...have you read what I have written? My focus is on the rights of the person...that individual. In this case, it appeared that they were being denied--that her wishes, as stated in the document, were not being honored.
If you've read my posts, you should know that I am a conservative and put that individual's rights as supreme.
So of course I would have the impulse to fight for her!
Or can you not understand that...do you actually believe the "death FReeper" characatures that have been created, without thinking?
Denying the rights of the disabled is far more common than most of us even thought, and we are more aware than most.
Hmmm I don't know. I see a heck of a lot of merit in having someone who has no finacial interests in making the decisions. Actually I think a talk with your family lawyer, video taped in orer to refresh his memory, would be better than any one else. I think more often than not it IS about the money. So yeah I guess I am saying I do prefer a professional 3rd party.
You've got mail! :)
There is an important distinction to be made between brain injury patients who are otherwise healthy in body, and those suffering from terminal disease.
Terri was NOT suffering from a terminal illness, so why don't you point out the distinctions that you mentioned.
I'm replying to mysel :)
See look what happened to Terri, her hsuband hooked up with other women but remained her husband under the law. He had a conflict of interest and I don't think should have been allowed to be her legal guardian.
I love my husband and he loves me, however I also know my husband needs a woman. he would not be able to handle the lonliness, he just wouldn't. I don't think my husband would make it 15 years without hooking up with somebody else. I'm saying I think I could be terri. I know he loves me 100% now but 15 years later, when he is hooked up with a different woman? Hey people change.
To me best bet is the family lawyer who doesn't probate the will, removes finacial incentive for s/he also.
If you've read my posts,
I hadn't until last night. There are a LOT of people on FR.
No problem with it? I'd have lots of problems with it. I'd be heartbroken to have to face any of that, and it would not be a decision that came easy or fast. But If there were no hope of recovery and the choice was years of him not being able to communicate or move, I'd seek to end that, and he would for me, because that is what we've stated we want. And I'd hope we wouldn't end up on TV, being dissected and passed around as grist for the mill.
As we have seen earlier in this thread, someone that did have a living will CHANGED THEIR MIND and WANTED TO EAT, but they were denied food.
What would you do if your husband said I change my mind, I want food. Would you let him have food and water or would you tell him he didn't know what he really wanted and besides he already made out that living will and it's too late, he's not getting any food?
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