It's Happening Again (We've Got Another Schiavo, Starving In GA, No Brain-Damage)

Media Release | 4-6-05 | The Family of Mae Magouirk

[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***

[maine-iac7]

Do you know where Pat, Beth's mother, Mae's dtr.,

not daughter - daughter in law....m. to Mae's son, now deceased

[schmelvin]

"I can't buck dance." ROFL!

I'm laughing and crying at the same time, I'm so happy!

Mae is awake and able to speak on her own behalf! That's got to throw a big wrench in any plans Gaddy could have to cause harm.

So, Judge Boyd has recused himself... interesting development. Based on info you aren't able to share with us at this time, you believe this is a good development. Right? I trust your judgment, eeevil. And, I respect your ability to keep things told to you in confidence quiet. That's the way it should be.

I assume that keeping certain things quiet serves Mae's best interests, because the family doesn't need Gaddy becoming privy to their battle plans. After all, look what happened when Gaddy found out the family was on their way to remove Mae from the hospice, she ran straight to the courthouse to thwart them. I'm glad you're doing the right thing and keeping some things hush-hush for now, eeevil.

[Sally]

Looks like the lawyer's statement is back up now. I haven't even finished reading it yet... note that it's Terri Schiavo's lawyer David Gibbs.

Terri Schiavo Attorney Calls on Georgia Court
to Feed Elderly Woman

Here:
http://www.blogsforterri.com/archives/2005/04/terri_schiavo_a_4.php

[samiam1972]

That is absolutely wonderful news! I am so happy for all of them!

[Fred Nerks]

Hands clapping! Joy! Miss Mae has her life back! What a wonderful morning this is, great news on an Australian morning.

[Sally]

I've read the whole thing now.

Finally! One brief piece that untangles this whole mess and gets to the heart of the life & death issues in the case of Mae Magouirk. I think even someone who hasn't closely followed the case like we have would "get it" from reading Gibbs' statement.

It should worry every American that Mae's Living Will has been completely ignored. How many times have we heard/read recently, in relation to Terri Schiavo, that a Living Will is the answer to all our "end-of-life" problems? This is not a "right to die" case, and neither was Terri Schiavo's. It is a FIGHT TO LIVE case... 81-year-old Mae v. Incompetent Judge, Greedy-Lying Granddaughter, and Hospice LaGrange which jumped at the chance to assist in killing a temporarily disabled woman.

[Reaganwuzthebest]

It should worry every American that Mae's Living Will has been completely ignored.

It makes you wonder what the heck is going on in this country. We have an activist judiciary that has completely lost sight of its primary function: to protect the rights of those who can't defend themselves.

[judgemc]

Any idea when the next court date will be?

[Fred Nerks]

I've been thinking about the medical profession's role in this issue, I know our laws are different in Oz, but my family doctor is in for a grilling, I can assure you. We owe it to ourselves and our nearest and dearest to become completely informed as to what we can expect - what protection have we from the eutanasia advocates? How can the court hold power of life and death over us? How is it that they can over-rule or refuse to accept medical opinion?
That a guardian who stands to inherit can literally sentence one to death in a hospice is a terrifying prospect.

[Cboldt]

Any idea when the next court date will be?

Never, as long as Gaddy cooperates and gets court orders that memorialize the decisions that suit everybody. Remeber, first one into court on this one was Gaddy, with a Motion for Emergency Guardianship.

http://www.freerepublic.com/focus/f-news/1383894/posts <--

Kirby [Mae/Ken's attorney] then drafted motions to file with the probate court in LaGrange, asking the court to order Beth Gaddy to allow the visits.

McLeod said neither he nor nephew Ken Mullinax had done anything to cause problems at the hospital or hospice.

"We didn't cause a scene, we didn't cause anything in our sister's room, and we think we ought to be able to see our sister," McLeod said.

A second motion was to demand Gaddy "show cause" as to why she refused to allow her relatives to visit her grandmother and prohibited doctors from discussing the case with them.

Gaddy relaxed her position. She agreed to allow full visitation privileges, but only if Ken Mullinax promised never to talk to the media again or communicate in any way with Internet bloggers.

Mullinax refused and was on Fox News Channel's "Hannity & Colmes" yesterday, where he provided a nationwide audience with details of the case. Hannity quoted from an exclusive story on WND, which was the first national news organization to investigate and report on the Magouirk case.

In another twist, Troup County Probate Judge Donald Boyd, who has had charge of the case since April 1, voluntarily recused himself.

Kirby told WorldNetDaily that Boyd gave no reason for his decision.

"There was no hearing," Kirby said, "But I talked to the granddaughter's attorney [Danny Daniel], and they have agreed to let my people visit without restriction with Mrs. Magouirk while she's in the hospital, and they have agreed to allow my people to have access to information from the doctors regarding medical care and treatment."

Kirby said that at first, they "allowed visitation of 30 minutes a day, and I told him we appreciated the gesture and we would observe our 30 minutes a day, but we still intended to go forward to ask the judge to give us more than that."

After further discussions today, he continued, "they decided not to place any restrictions on visitation."

Kirby added he would not pursue the "show cause" matter, if what he'd been told on the telephone is formalized in a court order.

Although McLeod and Ruth Mullinax have visitation privileges, Ken Mullinax does not.

Kirby said that has not been worked out yet.

[mother22wife21]

((((((((((Sally; eeevil conservative; republican; schmelvin;Fred Nerks; All)))))))))))

[judgemc]

You are absolutely correct! I do not think anyone who could financially gain from the death of another should be anywhere near the hospital if that person is sick.

But I think hear we tend to think in absolutes. What the doctor says goes, mostly because we trust them and we expect them to answer all our questions with absolutes. We want our doctor to say "This is exactly what is going to happen." We have good reason to expect that. Doctors spend alot of time learning their profession, and their education never stops.

But the human body is an amazing thing, it can defy absolutes. Doctors are learning new ways to save and protect people every day.
When you put all that together it seems that living wills take options away from a doctor to treat someone that the doctor might have had otherwise.

I worked on that all day Fred so I could explain to you exactly what I was trying to say yesterday.

[judgemc]

Thank you for the update.

(((((((((ALL))))))))))

[Fred Nerks]

And I agree with totally.

[supercat]

Mae needs to be given a chance to say a few things for a camcorder. If she states, e.g. that starvation/dehydration was so bad she never wants to be starved/dehydrated again, it would be hard to insist in future that someone pushing to starve/dehydrate her would be "carrying out her wishes". Not sure if she could legally update her will yet, but there should be a push to have her regain competance as soon as practical.

[Fred Nerks]

REPEATING: this sounds like excellent advice:


Posted by Fred Nerks to eeevil conservative
On General/Chat 04/13/2005 8:08:36 PM PDT · 2,502 of 2,575


http://www.prolifeblogs.com/ thanks for the link, eeevil, interesting snip from the site:


"Advice about Living Wills
Do not sign a living will or any of its variants. If you have signed one, rescind it immediately and destroy every copy. Do not sign an advance directive that would deny you treatment on the basis of vague and life-endangering language. Don't be deceived by "pro-life" packaging. Before you sign on the dotted line, read Dr. Byrne's informed analysis. - Earl (from Times Against Humanity) posting on BlogsforTerri

By Paul A. Byrne, M.D.
Past President, Catholic Medical Association"

[kimmie7]

Big grin. Huge even.

God is good all the time.

[Republic]

This thread is fantastic.

I am so happy for Mae...only wish Ken could visit her.

Please clear this up for me.

Mae is the grandmother.

Her sister and brother can now visit her.

Ken, a nephew, still cannot visit her.

Pat is...Mae's daughter-in -law? (Mae bought her a house, correct?)

Gaddy is Pat's dtr and a therefore a granddaughter-in-law?

Correct?

[Fred Nerks]

I'm not sure. All I know comes from the statement made by the relatives, that Miss Mae said she and her husband, while he was still alive, had bought Pat a house and paid the property taxes on it. 'Pat' would appear to be Gaddy's mother, but her relationship to Miss Mae is not known to me. May I suggest you ping eeevil conservative who might know more?

I'm delighted also. Miss Mae sounds like she has her sense of humour back as well! What did she say? 'Bring me a bag I want to go home!' Terrific! I would like to think that one day she will be well enough to read through his thread on FR, that should cheer her up immensely!

[Republic]

What a great thought that puts into my head...I can just imagine her enjoying the comments...but maybe not...there would some heartache to be found within our comments, no?