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***
From Research Thread:
31-9-1.
This chapter shall be known and may be cited as the 'Georgia Medical Consent Law.'
31-9-2.
(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and
empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which
may be suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himself, whether by living will or otherwise;
(1.1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31,
the 'Durable Power of Attorney for Health Care Act';
(2) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his minor child;
(3) Any married person, whether an adult or a minor, for himself and for his spouse;
(4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any
guardian, for his ward;
(5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof,
or childbirth;
(6) Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through
(5) of this subsection, the following persons in the following order of priority:
(A) Any adult child for his parents;
(B) Any parent for his adult child;
(C) Any adult for his brother or sister; or
(D) Any grandparent for his grandchild.
Nope. Grandchildren are not specifically listed as having medical power in the absence of a written medical power.
But in this case, the hospital and hospice are covered, because they acted in good faith on the representations of Gaddy. Further, any actions now
are taken in accoradance with orders of a court-appointed guardian; so the defaults listed in the statute are no loner operable.
http://georgiamalpractice.com/codes/code-informedconsentlaw.htm
84 posted on 04/09/2005 7:16:55 AM PDT by Cboldt
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Thank you for posting that regarding Boyd's ruling re guardianship of Gaddy. It appears we have a more honest judge than Greer, et al. Boyd may not be a lawyer by background, but that doesn't mean he's incompetent and it appears he has ruled in a more protective way that Greer ever did.
Great info! Thanks for posting, Fred N
as opposed to what - starving/dehydrating to death?
yes - since, as I understand it, Hospice is merely for making a terminal patient more comfortable in the dying process - not equipped for the kind of medical attention Mae needs att - which is available at a hospital,
even over a sister?
I can tell you how Nancy Cruzan's father feels. He felt like the government was stepping into his private life and trampleing his rights as a father to properly care and make decisions for his daughter.
I just picked DeLay's name out because he was at the head of the movement for government interferance. It was an arbitrary pick I did mean the government as a whole.
The courts in Georgia have specifically adjudicated that the reverce for (D) also stands true, but again you are missing the main point which is :the ganddaughter is in the same state of residence as the grandmother and from what I am understanding in the same household. The other relatives are not in the same state much less in the same household. That gave the granddaughter the right to make medical decisions. If the rest of the family wants to protest what the granddaughter is doing, they need to go to court, oh wait! they did, ohhh! You don't think they were following the law do you?
Spot on
needed to be said - time is of the essence
Yep, thanks for the comedy relief. Much needed.
May I respectfully say, be very careful when accepting "favors" from the devil.
Is it "good faith" not to check on the accuracy of a person's claim to have POA over a person's medical treatment?
If that isn't verified, anyone can shove anyone into Hospice - who's sole purpose is to ease one's death. Sure glad I don't have any money - or granddaughters like Mae's
I understood that she just looked after her - but not lived with her...and has POA over finances - about $500,000 in the kitty? Maybe someone didn't want to see that get drained off on hospital bills...
The granddaughter had more ties to the grandmother than just blood. She apparently had finacial resposibilities as well. and Proximity plays a large part in determining guardianship and legal resposinbility. The court could very well hold it's original ruling that the granddaughter has guardianship, but stipulate that end of life decisions must be agreed upon by the sister and the brother.
Let me explain, generally you sisters and brothers go on to make thier own households with thier own decendants, the granddaughter is a direct decendant of the grandmother, which makes her closer in consanguinity (that means blood relation) than the sister. The reason why the Georgia code is written that way is because at the time that the particular code was added it was rare for an adult granddchild to make decisions for a grandparent. Life expectancy has changed. The granddaughter did nothing wrong in exercising her right to care for her grandmother. We might disagree with what she chose, but she had that right. the brother and sister have the right to protest, which is what they did. I still think there are facts that we are unaware of in this case that have not been brought to light.
methinks you are on the wrong thread forum - go back to the DU'ers
(oh, and on your previous post, "granddaughter" has two d's - and you have a spell-checker that can tell you that)
Where did you get the $5oo,oo from? and again Power-of- Attorney for finances...how are the medical bills being paid. The granddaughter is in a situation where the other reletives cannot be reached who do you think gets to make the decisions? the person who is resposible is the person who is there and she has the checkbook. It's amazing how many medical decisions are made because of money.
had to read that over to get the full chilling import!
In other words, if she has food and water, she wont die...and, in other words - since she was being fed and had water when she entered the hospice - she WAS NOT TERMINAL, therefore illegally entered
that applies to each and every one of us!
Was it Frost that said "Stop the world, I want to get off...?"
And your point is ...? Your a knuckle dragging caveman who cannot logically debate an issue without resorting to put downs and high school antics?
spell check? Usually my secretary takes care of that for me.
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