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***
Gibbs didn't fail. Judge Whittemore was harsh to the Schindlers, made them wait before he said no and his pal, Joe Redner was at the Fed Court Hearing. Why is Judge Whittemore paling around with a porn peddler????? I think we have some sick and twisted judges here in Florida. Maybe that needs to be investigated instead of criticizing the attorneys.
***It was the daughters choice
Grandaughter
You only go with hospice if you are terminal with 6 months or so left. Once you sign with hospice, you are saying that you are not going to seek anymore curative treatment, BUT you can reneg on hospice if you wish ...like if some miracle cure appears. Hospice only pays for certain medications. As a matter of fact, it is not the norm for hospice to pay for ativan, unless there are extenuating circumstances. As to why a hospice bed was procured rather than a nursing home, it may have something to do with payment. Because Mae could receive hospice visits in a nursing home if she wished.
But if Mae was not on the verge of death, why would hospice take her? I think the hospice and hospital are owned by the same outfit, but seems a nursing home would be where she would have been taken if she was not in critical condition. Yeah, I know, too many questions!
She does not have a feeding tube and from reports she is currently unconscious.
Just got this comment left on my blog---
Two agencies advised me to call TROUP COUNTY ADULT PROTECTIVE SERVICES, DIVISION OF AGING SERVICES' SENIOR ADULT VICTIMS ADVOCATE HOTLINE at:
1-888-774-0152.
I did so, and left messages at both the Senior Adult Victims Hotline and the Adult Protective Services hotline voicemails (two voicemails are at that line). They may have been closed, but I don't know if someone may not listen to the messages over the weekend.
There is a woman receptionist still answering at Troup County Adult Protective Services, at 706-298-7100,
who also put me through to HUGH PARTON's voicemail, a manager of some sort there, where I left a message, and she also gave me HUGH PARTON's direct fax, which goes directly to his desk, which is 706-298-7108.
I do not have a fax machine to be able to send a fax to him....CAN ANYONE SEND HIM A FAX, PLEASE?? Thank you!!
Thanks!
THANK YOU
The focus has to be on Mrs. Mae Magouirk.
To those of you witht he back and forths, if you feel you must respond could you kindly consider Private Freep Mail then?
Gosh thanks for the info, sageb1!
Gee I wish I knew how to uderline. So much nicer than CAPS...
New number for U.S. CONGRESS: 1-800-648-3516. It will be too late for Mae imo but THIS MUST STOP!!!!!
Whoever has ultimate control I.E. power of attorney can place a patient in a hospice.
Thanks for your touching story. I had a very dear friend who was in a similar situation. She's at peace now as I'm sure your friend is. Bless you.
To underline, just do the same thing you do for italics only use a "u" instead of an "i". It would go between these <>. To shut it off do this </> with the letter after the backslash.
He will be talking about this shortly
Prayers Continuing for this dear Lady!
"Also upon Gaddy's request and without prior legal authority, since March 28"
On my calendar March 28 is not any more two weeks ago than April 4. April 4 was when the guardianship was established - not before. READ the information available.
This is a key question that needs answering and you are right to point it out.
The problem is your only suposed to be in a hospice if your TERMINAL, but everebody will become teriminal if deprived of food and water.
To underline type like this without putting any spaces between the <>:
< u >type what you want to underline then< / u >
To make bold:
< b >type bold text then< / B >
And for Italics:
< i >italic text here< / i >
Just don't put any spaces in those pointy brackets and it will come out right in html. :-)
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