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***
My head is still spinning over what they did to Terri. Looks like a bunch of FReeper types saved this older gentlelady. Thank Goodness!
Thanks---went and read some of what is available about Mae on her website! AMAZING!!! Posted some of it at post # 2400
-Ron Panzer, Hospice Patients Alliance
http://www.hospicepatients.org/
The contentions in this petition were not litigated. Instead, a tactical decision was made to reach an agreement, wehre the object of the agreement was to have Mae removed from hospice. The tactic for reaching that object was to enage medical doctors to determine the best medical course of action for Mae. The doctors decided the best course was to remove Mae from hospice and place her in a Alabama hospital.
The issue of guardianship is still unsettled, although emergency/temporary guardianship rests with Gaddy.
It is interesting that the emergency guardianship gaddy applied for was given the very morning she learned that ken and his uncler were at the hospice waiting to meet with her attorney, who was late to meet them, because he was in court with gaddy getting the emergency guardian stay.
Interesting, too, that she retains it, given the doctors agreement that this woman had a right to medical treatment gaddy had denied her.
Also interesting that gaddy will not allow them to VISIT with Mae even tho such family showing care might help Mae get better faster. And even tho Mae's sister, is at the hospital with a condition that mirrors Mae's and is only one floor below her...but NOT ALLOWED to visit her.
Sick stuff.
Gaddy must not have much love for her grandmother...especially now that we learn Mae had daily help from an assistant who cared for her needs, including driving her to hair appointments, shopping, etc.
Gaddy told Ken that he could begin to see Mae, along with Mae's sister and brother if he, Ken, would STOP going public with what was happening...and refuse all interviews, etc.
Should he agree...he can see Mae.
Should he refuse...tough tacos.
He knows if he agrees to this...the spotlight will be off the case, and Mae will float into the oblivion felos and michael schiavo so hoped that trapping terri in a hospice would provide.
There are now guards outside Mae's room to make sure the people who want her to get well, whose actions actually GOT HER OUT OF THE DEATH HOUSE AND INTO A HOSPICE, cannot visit their sister and aunt.
When did we ever get to this point?
We've been at "this point" for a decade or more. Secular humanism and "the love of money," nothing new under the sun.
I'd have to ponder how to handle Gaddy's offer. If I trusted the doctors, and if Mae had a fair prognosis, I think I'd turn Gaddy down. The fact that she doesn't like the public view means that the public view is effectively working against her interests.
Your welcome. Suggest you review the previous posts here as it has been discussed at great length by some fantastic minds who are standing firm in the fight to help protect this woman's life and keep her alive until the Lord calls her home. Most are of the mind to do whatever is necessary and bring important issues into the "light" from the depth of darkness and wicked people.
You can also do a Google or Mamma.com search for:
"Mae Magouirk"Georgia. Last time I checked it had about 445 hits!
I'm wondering if any attempt has been made to talk with Mae's caretaker; the woman who has been driving her to appointments, etc.
Maybe if Ken agreed that "HE" would stop personally talking to the media, etc. He could give the important info to say a "third party", i.e, the caretaker (as someone close to the family) and that person could see that vital information was released at the appropriate time. That way the family could see Mae,evaluate her care,present condition and maybe even get her input as to what she wants done. Just a thought.
Also concerned about the status of that Temporary Guardianship. I saw a second petition (4-1-05)in the WND copy that was recently posted. On the same day that the judge granted the initial temporary guardianship with ability to make medical decisions...it was suppose to be valid for 45 days, or until petition for regular/permanent guardianship is heard; whichever occurs first. He then grants PERMANENT Guardianship to GADDY!...the very same day.
Additional comment:
Just checked this link from a poster on the Minuteman boards and I think it worth taking a peek at:
http://capwiz.com/sicminc/issues/alert/?alertid=7351686&type=ME
Earlier I said there were about 450 hits on a search for Mae's name.....well, now there are over 725! Her plight is out there inspite of GADDY's desire for it to go away. Doesn't look like she'll get her wish.
bookmark
And I said to myself, self look "what could have been"...so sorry Terri. You should have been in Buenos Aires then you'd still be smiling, laughing, loving and being loved. Ole Mikie wouldn't have received his death wish for you!
http://hyscience.typepad.com/hyscience/2005/04/how_terris_case.html
Tuesday, April 12, 2005
How "Terri's case" was Handled in Argentina
They don't pull the plug! BRAVO for integrity!!!
Jaw-dropping new article on WorldNetDaily by Sarah Foster:
http://worldnetdaily.com/news/printer-friendly.asp?ARTICLE_ID=43763
That may offend you intellectually. That's okay. Such blind adherence and belief in 'process will win the day' is intellectually offensive to me. People, with all of their agendas, motivations, and machinations, run that process. That means Ken, Beth, the Judge, You and Me.
If you feel that a woman's life is not worth the effort, and that effort only involving emails and phone calls, then there are fundamental differences in our priorities that frankly preclude me from spending anymore time with you on this issue. Time was of the essence, period. That was evidenced by the extensive re hydration therapy Mae needed and the fact that the Doctor’s did not move in a timely manner. I perfectly understand Kenneth’s panic that the docs were taking too long. And before the ASAP issue rears it’s head, it would be the reasonable expectation that considering what was hanging in the balance the doctors would get a move on. I’m glad I took the time to read your posts. It was worth it to get the clarity on your position.
"The only party that asserted dementia was, IIRC, Beth Gaddy."
The court appointed Dr. Jones to evaluate. He opined the proposed ward was incapcitated by reason of mental incapacity.
Ken and sister filed papers agreeing the ward was in need of a guardian.
This is true. But Dr. Jones did not assert that Mae had dementia.
Ken and sister filed papers agreeing the ward was in need of a guardian.
Given that Mae was unable to speak for herself, guardianship is not inappropriate. What we don't have is a medical prognosis regarding Mea's mental faculties. A diagnosis of dementia would result in appointing a permanent guardian. The court did not appoint a permanent guardian, ergo, no medical diagnosis of dementia.
At this time, there is no clear evidence that a qualified medical professional has asserted that Mae has dementia.
BTW, RGSpinach and I discussed this yesterday. Until there is new evidence on the point, the thread will benefit from moving on.
"and he made this decision based ONLY on the facts that he had at the time- and all these facts were one-sided."
In the petition filed by the brothers and sister...
Physical illness or disability.
Lacks sufficient understanding or CAPACITY to make significant responsible decisions concerning his/her person or is incapable of communicating such decisions...
The duration of incapacity will be: "permanent."
(If her only problem is her aorta and it's proposed that it can be fixed, how can the incapacity be permanent?)
This is not from Gaddy.
Further, the judge noted an "alledged gravely ill and incapacited adult" and appointed an atty and dr. to make an evaluation.
The brother /sister filed their objections to Gaddy being made guardian and from the record, had no argument with the incapacitation regarless of how it's worded or the cause.
Hardly one sided. IMO
"Gaddy's guardianship letter expires 45 days after April 1, or when a petition for regular guardianship is heard, whichever comes sooner."
Mae granted her POA on 2/11/05. Is there a reason given for this or anyone know why?
I think Stout is the doctor that certified Mae as terminal, or whatever medical opinion is necessary to support hospice admission. Threfore, he would have been brought in by "Gaddy's side."
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