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***
Sort of, but legally entered to hospice, I'm sure. The hospital and hospice accepted Gaddy's assertion of having Power of Medial Attorney. Gaddy says she will order withholding of food and water, therefore, Mae was certifiably terminal.
"Legally terminal" is not the same thing as medically terminal.
What the double H*ll does this ludicrous statement have to do with Mae? SHE has a living will that does NOT give permission to anyone to starve her to death - not to mention the fact that she's not terminal - well, wasn't when she was illegally, it would seem, shoved into the hospice
O.k. go back like thirty or so posts ago and read the one about how a person is admitted into hospice care. Hospice has 30-90 days to evaluate someone before deciding what care is relevant.
and Mae was entered into hospice and refised food and water on "circumstantial evidence"
Sh*t happens - only in Mae's case, it's a little more damaging
LOL
My, aren't we important...
Who do you leave your thinking to?
(no need to answer...we get the picture.)
but in the meantime can refuse food and water???
I think the evaluation 30-90 days after no food and water would be simple enough to make... "deceased"
I am NOT going to debate this stuff until Mae is safe.
Bottom line:
Mae has a LIVING WILL with explicit instructions that are NOT being followed. PERIOD!
GA Law -as pointed out by the HOSPICE IN-HOUSE ATTORNEY WAS NOT PROPERLY APPLIED AMIDST HER ADMITTANCE AND MEDICAL CARE DECISIONS.
IS THIS OKAY WITH YOU?
IS IT OKAY THAT SOMEONE'S LIVING WILL IS NOT FOLLOWED?
I DON'T CARE IF THE WHOLE FAMILY WANTS TO IGNORE THE LIVING WILL! THE BOTTOM LINE IS THAT THE COURTS SHOULD ADHERE TO THE LIVING WILL-- THE LEGAL DOCUMENT THAT MAKES A PATIENT'S WISHES KNOWN IF THEY ARE INCAPACITATED!
PERIOD!
We don't know what her living will says. If it is too vauge it could be interpreted in different ways. That's why I suggest going to a lawyer or at least a good paralegal to have one drawn up. Those do it yourself ones are too easy to break. YOu should have a living will drawn up at the same time that you have your last will and testament written and review them at least once a year incase any changes need to be made.
I really have no opinion one way or the other on any of these types of cases. They are too sad to hear. The kind of work I do......you have to shut your heart off or it will kill you early. But I could not do my job if I was not able to listen carefully to BOTH sides of the arguments with an open mind.
I have seen more of these than most of you ever will. And i have been on both sides of it myself. Don't ever think that the people who decide to pull the plug on a loved one are doing so lightly. That does them a disservice especially since you do not know them.
And once more for effect we don't know all the facts of this case. For us it's all academic.
I beleive according to your earlier posts she is recieving food and water and the issue is being fully ajudicate. So why are you freaking out? They Judge specifically said to give her food and water. She is not going to be allowed to die within the next few days. So calm down. It's a good thing to debate these issues, but calm heads must prevaile.
Psycos get ignored for a reason.
That was just a joke.
My how hostile everyone has become.
Absolutely! But then again, it may be true that some of the worst among us has some good in him.
This article is just horrifying!
Eleven elderly patients on the same hospital ward were deliberately starved to death, an inquest was told yesterday.
The patients, all men aged between 67 and 93, died after having their food and drink needlessly withdrawn, according to relatives.
After a police investigation into the deaths, which happened between 1995-97, the Crown Prosecution Service decided that there was insufficient evidence to prosecute. Three members of the hospital staff have remained suspended on full pay for the past eight years.
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/01/19/nhosp19.xml&sSheet=/news/2005/01/19/ixhome.html
read all of it!
Talk about your mess of pottage...
Oh YEa. The pressure they put on my mother to sign a DNR when she had no intention of dying was one of the things that got me on this battle. They really put the screws to scared little old people, especially those with no one to look out for them.
Sign it! SIGN! You GREEDY OLD BITCH!!!!!
Is your Mother still living john?
GREAT NEWS!!
MAE IS AT UAB HOSPITAL!!!
KENNETH JUST CALLED ME!
MAE IS OUT OF HOSPICE
KENNETH IS HEADED TO THE HOSPITAL RIGHT NOW OT SIT WITH HIS AUNT!!
PRAISE GOD!
Email from Kenneth!
http://straightupwsherri.blogspot.com/
glad to hear that! Now maby you will calm down.
LOL!
CALM DOWN!
I am jumping and singing!
Praise GOD!
YAY!
Fantastic, God bless you all.
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