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***
That is a horrible document. If I recall, the one she signed is formatted as you've indicated, but imagine if there were a list-end tag in front of the words "be withheld". How is anyone supposed to know which checkbox means what?
Note that if it's taken as though there were a list-end before "be withheld", that would mean that the middle box would say that people wanted to receive food but didn't want to receive water. Bizarre.
ok, I see what you're referring to. I'm seeing that it only applies to that particuliar section, which she did not enter a check mark in and is not a final statement in relationship to her intent....only in relationship to that one item.
The way it is worded confused me and I don't have any (known) mental disability. It's a horrible document and seems to be designed to totally confuse anyone! I'm thinking it was prepared in haste and equally requested to be signed at the same speed. Little time to truly understand what it is actually permitting.
Good news. Thank you!
It's a model form. The exact same language is found at:
http://www.ilrg.com/forms/states/ga-livingwill.html <--
Georgia Model Langauge : Chapter 31-32, Section 3 <-- In GEORGIA LAW!
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=31-32-3 <-- Repeat
The language was prepared by the Georgia legislature. They took their time with it. It is intentionally deceptive. Georgia dn Florida legilators are trying to confuse their constituents into giving up life sustaining basic care.
My guess is that if a Georgia resident were to rasie a ruckus with their state rep, the ruckus would result in NO change to the model language. The media won't make an issue of it.
Caveat emptor. Our leaders are out to get us in every way imaginable.
The formatting doesn't make sense for that interpretation. I would be very curious to know whether Gaddy had anything to do with the document being printed out and formatted as it was.
NOTE ALSO THE WORDING CHANGE IN AN UNCHECKED SECTION!
So, a relative can conspire with a euthenasia activist medical practitioner, have you committed to a hospice where, if you are not 'PVS' when you are admitted, you certainly will be by the time they have dosed you with enough sedation and morphine to 'prove' the diagnosis was 'correct' ?
Assisted by the fact that in a hospice, no treatment facilities exist to care for any underlying conditions, such as heart disease. Neat.
It's not the exact same language. Look closely.
Here's Mae's:
I direct the application of life-sustaining procedures to my body:Here's the law:(X) including nourishment and hydration, or( ) including hydration but not nourishment, or
( ) excluding nourishment and hydration, be withheld or withdrawn and that I be permitted to die;
...I direct that the application of life-sustaining procedures to my body (check the option desired):Notice the difference?( ) including nourishment and hydration,be withheld or withdrawn and that I be permitted to die;( ) including nourishment but not hydration, or
( ) excluding nourishment and hydration,
The formatting increases the liklihood of critical confusion. The punctuation is unambiguous, but the choice of wording and the layout are designed to cause critical confusion (the person chooses a box that results in the OPPOSITE of their wishes).
I bet Gaddy had nothing to do with the formatting. If anything, Gaddy may have encouraged Mae to sign a living will, but the stock/model forms at 100% of the Georgia family law offices is EXACTLY like the one that Mae signed.
See 2348, above. In addition to the formatting change, there's also a wording change. See it?
The language is identical in both the GA model and Mae's. Including the punctuation.
I agree that placing the "be withheld or withdrawn and that I be permitted to die" phrase in such a way that it appears associated with the third set of parenthses is misleading. But I am certain, positive, that my interpretation is the correct one.
Read this --> http://aging.dhr.georgia.gov/DHR-DAS/DHR-DAS_Publications/LivingWill.pdf <-- Do it now.
See page 11 of that "Understanding the Georgia Living Will" and you will agree with me. The booklet uses slightly different language, but has the same general structure. Page 11 has some helpful explanatory material that is deliberately ABSET from the document put before the pututive victims.
thank you for the site with the accurate format. However, it seems that the form Mae used was retyped from the printed form and apparently the person typing it errored in the placement of that phrase "to be withheld or withdrawn and that I be permitted to die". It shouldn't have remained attached to the last choice. It should have been separate following the choices.
I can only imagine how confused Mae might have been. If it were a test to evaluate one's mental capability, I would have failed.
(Hello, Dr.Feel Good. Can you reserve me a room at Loving Arms Hospice? I seem to have a mental disability. Oh, I don't? Only deminished capacity and that's terminal? Just put the X where? Oh, I see. I think I do anyway.)
Or hospice can manipulate otherwise well intentioned, but morally weak family.
The law damn well won't help, that is abundantly clear.
No it isn't. Look again. Bear in mind that the language of unchecked portions can affect people's interpretation of checked ones.
The person also changed the wording on choice #2. Unless a person reading the form believed that people would rather be fed while they're dehydrated, rather than being hydrated while they're starved, I would expect such a person would perceive that "including" referred to services that should be provided, rather than services to be withheld.
The recitation of Mae's document in 2348 is incorrect. It is not the same wording as appears on Mae's document. I have the PDF of Mae's living will open, and as far as I can tell, it is EXACTLY the same as the wording in the GA model form.
Point me to precisely the phrase that you see as different.
Poor Miss Mae. She must have believed that what she was signing meant that she was not to be denied nourishment and hydration. She ticked the box that says: 'Including nourishment and hydration'. She read the last box that says 'exluding nourishment and hydration, be withheld or withdrawn and that I be permitted to die' thinking it meant what it said: EXCLUDING!
Sadly funny how on the one hand the granddaughter maintains Miss Mae is suffering from from dementia, yet how on the other hand, she allowed her to literally sign her life away.
Anyone know when Mae signed the living will?
The second checkbox language, which could very easily affect the interpretation of someone reading the first checkbox.
including nourishment but not hydration (model)
vs.
including hydration but not nourishment (Mae's)
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