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***
I tried my local radio host whom had argued for the death of Terry, he wouldn't take my call, go figure.
Well, let's see. Mae has a history of glaucoma and they are giving her this med, also she has recently been diagnosed with dementia. Two things that indicate maybe should not be taking this med. Perhaps a malpractice suit in the works?
I don't know. Of course this is one of those "Let's see if this will die on its own" story. How many times have people hesitated to help the elderly, or visit them, or care for them, or go to a nursing home? I count myself in that group when I was younger. It's a hard thing to do. It's even harder to think that these places are now transformed into something not so nice, or, that trusted people are complicit in it.
Good idea! Ohioan From Florida has the action item to contact him. She's good stuff, if she doesn't get through then nobody could.
Would someone objest to the 'offing' starting in the U.S. Capitol? Why? Because they should start in the Sumpreme Court first.
Can anyone find out from Kenneth if he has a copy of his full POA?
I am up for a troop, if I have any volunteers.
My plague comment was geared more towards TV, not many people outside of lagrange will see the front page, but its a huge start! Good job and I keep mailing! :)
That is out of bounds. Please ask to have your post pulled.
Oh come on, it was a joke, get a sense of humor.
I AM curious as there are other sedatives available. In all fairness, my bf had lung cancer and when I went over his meds with the hospice nurse (we had hospice at home), and told her he was taking ativan for something unrelated, the first thing she said to me was that she didn't think hospice would ok it because it's not a "comfort" med used to ease pain. However, I told her it was the most important med he was taking (he had panic attacks and went into rages - long story). Hospice did ok it for him. Not only did they ok it, but sfter the hospice nurse and the CNA saw him turn on me on two separate occasions near the end, the hospice doctor-in-charge had the nurse tell me to up that medication from twice a day at .5mgs to 3Xdaily at 1 mg each time. I didn't follow their recommendations, although I did up his a.m. dosage. I knew he only had a little time left and rages or not, I wanted him as lucid as possible until he died. But, hey, maybe that was selfish of me - I loved the guy.
From what I've heard ( I listened to his fuul conversation on Glenn Beck) he never had a POA of any kind.
Oh My :-o
eevil, please read this post carefully, and please make it a point to really grill the nephew to find out the truth.
I mean grill him!
Why should that post be pulled? It raises a fair question: Just what does a an aging judge do to make sure he's not faced with the same outcome? Ask yourself, how might Greer answer that one? Would he agree to starvation and dehydration if he had the choice? What might he do to avoid it? Has he made a Living Will??? (Knowing full well such a document wouldn't save him?)
Her is a link to Free Audio: Glenn Beck interview with Kenneth Mullinax http://www.glennbeck.com/audio/free-audio.shtml
You wrote:
Did you mean that Mae was transferred to hospice after her aortic dissection? If so, why a hospice and not a nursing home, I wonder?
My reply:
Uhhh that would be a real good point? Why a hospice?
I understand dark humor. That was not it. It is out of bounds. Go read the FR home page.
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It isn't a joke.
OK. You are probably right. The only reason I asked because of the Canadian news post by nicmarlo. I think it said in there that he said he had a full POA, but I could be wrong.
You wrote:
According to this article, this all happened two weeks ago. Today is the first day any national coverage broke on this.
My Reply: Well it could have just been all our phone calls e-mails and faxes. Yesterday was when we all steped up and started advocating.
Her brother and sister would be the closest living relatives and would normally have that power but Gaddy went to court and circumvented their rights. Normally the closest blood relatives, siblings, would be guardians in lieu of husband or son who are both deceased. I don't remember where I read that.
Mullinax and McLeod hold the true power of attorney for Magouirk. After learning of her state, they ordered an immediate re-insertion of the feeding tube. Hospice staff distracted McLeod and Mullinax while Gaddy obtained an emergency guardianship order from Troup County, Ga., Probate Court Judge Donald W. Boyd. Gaddy then re-ordered the removal of the feeding tube. Judge Boyd has not made a final ruling, while Magouirk enters her 11th day without water or food.
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