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***
You are correct. It works the same way here, which is why I'm so uncomfortable with the fact that Mae is still in a hospice.
Correction: It used to be that way, but is changing. The right-to-die lobby has been pushing through laws making it possible for hospices to accept comatose and PVS patients.
If memory serves correct, the Schindlers were never allowed to have a copy of the admittance form.
"In his order, Probate Judge Douglas Boyd permitted Gaddy to continue as Magouirk's temporary guardian, but in a formal letter attached to the order stated that her powers were limited. One of the conditions of her guardianship is "To see that the ward [Magouirk] is adequately fed, clothed, sheltered and cared for, and receives all necessary medical attention, including placement in a nursing home, if appropriate."
...AND RECEIVES ALL NECESSARY MEDICAL ATTENTION, INCLUDING PLACEMENT IN A NURSING HOME, IF APPROPRIATE...
And her granddaughter placed her into a Hospice where she can NOT be admitted unless her lifespan is LESS THAN SIX MONTHS!
signing off for tonight (actually near 3:00 a.m.). Chat with you tomorrow.
"March 31 -- relatives in Alabama who have decisionmaking authority according to Georgia law talked to hospice attorney--Mae's sister ordered IV fluids and feeding tube. Hospice attorney started IV fluids that evening but said family would have to come in person to sign order for feeding tube."
If the granddaughter had fiduciary power of attorney, then she had the legal right under Georgia statutes to make decisions for the grandmother. Courts normaly would not split medical and finacial care because they are so entertwined. The Granddaughter is also a legal next of kin, she had to have some sort of durable power of attorney in order to have a claim on the emergency guardianship.Georgia code 29-5-6 and 29-5-5.
I'm just guessing on this, but it fits the orginal fact patteren: there probably had been an earlier court hearing since the granddaughter had finacial power of attorney where she was named the legal next of kin. According to Georgia law the granddaughter and the brother have the same level of consanguinity for a kinship claim. IF there was an earlier court hearing where the granddaughter was given the power of attorney AND the living will was not a proper one (if it hasn't been properly noterized or filled out or it was one of those downloaded fill in the blank ones, not legally binding) the granddaughter is the next-of-kin especially since the granddaughter is a direct decendant.
She must have been since she obtained emergency guardianship.
Another strange thing is that in his initial press release, Kenneth lists two of the three, Mae's local cardiologist Dr. James Brennan and Birmingham cardiologist Dr. Raed Aqel, as saying that the aortic dissection is contained and not life-threatening. But in a later email Kenneth says he is not holding out hope because two of the three cardiologists are from LaGrange.
It seems like this should have been a slam-dunk for the family to get her feeding tube in and move her to a hospital. The hospice stalling while the grandchildren went to court and the award of the emergency and temporary guardianship to Beth seem very strange.
That's interesting information. It's not encouraging, but it's still helpful to know. Thanks.
That doesn't surprise me, the patient's consulting physician had not signed it, the 'diagnosis' was handwritten - added in later goodness-knows-by-whom, Terri's life expectancy on the form is shown as 6 months after the insurance payout was calculated for a life of 40 or more years.
I'm supposing the same applies in this case. The admittance form would show a life expectancy of 6 months, and the signatures of the doctor/s would be missing. They have to be missing, because no conclusion has been reached. It's the same all over again, there's a chance this woman will die before the paper-work is finished, they don't even wait for the ink to dry.
If this woman's granddaughter had wanted her to live, she would have taken granny to a Nursing Home, not a Hospice. She's a clever one. Nursing homes cost money.
Thank you for your input. All of it would make more sense if the law is a little different than what has been reported so far.
Still going for the Micheal choked her theory. Well, it doesn't fly and let me tell you why: Take a look at the mal-practice case Mr. Schiavo filed on behalf of Terri Schiavo. The doctors being sued had access to ALL of Mrs. Schiavo's records including the now infamos bone scanes. Do you not think they would have raised the wife beater defence at trial? It would have been the perfect argument.
BTW that is the same trial in that Mr. Schindler said Micheal Schiavo was the best husband and son-in-law he could have ever asked for.
And I love all the he got the money and wanted to kill her off theories. The man would have recieved a larger settlement had the DNR been in place during the trial not put on afterwards. And who in thier right mide waits almost six years after winning money in a court settlement to pull the plug? If Mr. Schiavo was in it for the money he did everything possible to ensure he wouldn't get much.
http://www.nrlc.org/euthanasia/willtolive/index.html
Good Morning, Fred Nerks. Just wanted to pop a quick hello, and say, "IT'S GREAT TO HAVE YOU HERE."
Some links to Georgia law:
Financial power of attorney
http://www.legis.state.ga.us/legis/2003_04/gacode/10-6-141.html
Form
http://www.legis.state.ga.us/legis/2003_04/gacode/10-6-142.html
Appointment of guardians
http://www.legis.state.ga.us/legis/2003_04/gacode/29-5-6.html
Next of kin (in regard to autopsy here)
http://www.legis.state.ga.us/legis/2003_04/gacode/45-16-27.html
"It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of securing a written release or when access to the photographs is requested by the next of kin, the deceased´s next of kin shall be:
(1) The spouse of the deceased if living;
(2) If there is no living spouse of the deceased, an adult child of the deceased;
(3) If there is no living spouse or adult child, a parent of the deceased;
(4) If there is no living spouse, adult child, or parent, a sibling of the deceased;
(5) If there is no living spouse, adult child, parent, or sibling of the deceased, a grandparent of the deceased;
(6) If none of the above are living, an uncle of the deceased;
(7) If none of the above are living, an aunt of the deceased; or
8) If none of the above are living, a first cousin of the deceased."
From what I have found so far, it appears that assigning financial power of attorney is a simple process not requiring a court hearing. Also, there seems to be no assumption that medical power of attorney goes with financial power of attorney. The link states the opposite.
I have not found a definition for "next of kin" for guardian / power of attorney issues, but the one I found fits with the claims of the nephew that Mae's brother and sister are next of kin under Georgia law.
Can I use this post in the e-mails I'm sending out? It's more comprehensive than mine.
Yes, feel free to use anything I've posted.
Health care power of attorney form
http://www.legis.state.ga.us/legis/2003_04/gacode/31-36-10.html
Oh, one more thing I should tell you.
Go look at post #1108. It's got a ton of media and political contact links. I have already emailed the entire message in my #1234 post (including all the links I posted in #1234) to every single one of the contacts listed in post #1108.
I figured you would want to know this so you don't waste time sending it to people who've already received it.
I guess insomnia does payoff in some cases.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.