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***
In medical and legal circles, a "terminal illness" or condition is one which is determined by your physician will cause death in 6 months regardless of the treatment rendered.
They just put it up a little early--
I didn't copy it down- I was so tired- I figured I would jst get a bit later-
It will be back up-- it just got put up too soon because it was sent to richard to ask him to review it- not post it yet- so anyway- it will be up soon I am sure.
Some would say that natural death by dehydration fits that definition.
The narrow point of discussion was whether or not Mae Mcgouirk "is terminal." RGSpinach says she is. RGSpinach asserted at 2494 that Mae is presently in a terminal condition due to her dissection. RGSpinach also notes, pehaps in jest, that "terminal" is not a medical term.
At the time of Mae's admission to hospice, Dr. Stout presumably held the medical opinion that Mae was terminal. We don't know if Dr. Stout holds the same opinion today.
At this point, the discussion between RGSpinach and me is reduced to semantics, so I decided to make light of it then cease.
He indicated that days ago, in an e-mail or other frank expression. All that is happening now is the formailzation or implementation of his decision.
If he is now recusing, it means the Court is now facing a motion. That is, the controversy is now at the bench.
Yes- exactly
Lonnie Ruth and A. B. (Alonzo), Mae's brother and sister filed yesterday am for visitation.
Now he can "officially" request to be recused.
Be careful what you wish for. Boyd is a good and decent judge from what I've seen. The fact that he is not lawyer should be a plus in the circles here.
I understand what you are saying- but I gotta tell you-- considering all I know- Boyd did the right thing. I don't mean to sound secreative- but I just can't tell everything I know. It has been burning my conscience- and I don't like that....
I want what is best for Mae- I hope this turns out to be a good decision for Mae's sake.
I know, Fred.
Will he act on this before recusing himself, if he does recuse himself?
Or is this just more delay for the people in Mae's family who actually LOVE HER and want to hold her and comfort her and let her know that beth, who would have cast her into death, is NOT going to be her only visitor?
Such delays in ruling are NOT the STUFF of JUSTICE in my mind. Mae may VERY well feel like a victem as she lays in that hospital room with no one to visit but her would be executioner.
NO, it is not a delay tactic.
I hate to say "trust me" when I realize that I am just a name on a screen, but I just can't reveal everything.
Even if I did- I am just a name on a screen still.
Judge Boyd has been VERY honest about this.
He doesn't understand why Gaddy is acting like this.
He can't see what GOOD reason she would have.
Realizing that he feels this way about Beth Gaddy, and then what he feels about Kenneth, he is being wise here. He doens't want to bring BIAS into his decisions.
I admire that...
GEORGIA UNIFORM RULES FOR THE PROBATE COURT
Rule 19. Recusal.
19.1. Motions
All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed. Filing and presentation to the judge shall be not later than 5 days after the affiant first learned of the alleged grounds for disqualification, and not later than 10 days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding.
As far as I know, no judge's decision to be recused is reversible. That he, he needn't request it. He needs no permission. All he needs is a reason.
From your comments, his reason is either that he no longer feels he can render an unbiased decision, or that his public expressions ("anger" with Ken) render his impartiality suspect. I am certain that judges face conduct that they "don't understand" every day, e.g., why the party would act a certain way. That doesn't prevent making a reasoned decision.
It was unprofessional of Boyd to make any public comment regarding the case, other than what is expressed in open court and in written decisions. Even though ALL judges are biased, the professional charade that they are not is supposed to be maintained.
I believe he is recusing on his own. I do not believe there is any motion for recusal.
That sounds right to me-- just telling you what I know..
I certainly appreciate the effort you are making to keep us informed.
My (sometimes) nitpicky nature is (hopefully) useful to flesh out the unfolding details of both fact and law. The vast majority of corrections I make are meant to illuminate, not to argue.
After reading Post 2531 again, I understand.
Thanks
Your reasoning on these things is very helpful..
I have to say- sitting here and "knowing" certain things is harder than I thought it would be.
I really have to be careful and make decisions that are hard.
I have to continuously challenge myself to be sure to keep priorities straight. Breaking news is nice and fun- but not at the expense of hurting people...
Especially people like Mae....
Thanks!!!
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