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 LaGranges 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 Magouirks closest living next of kin. Mae Magouirks 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 Magouirks closest living next of kin lodged a complaint with Hospice LaGranges in-house attorney Carol Todd last Thursday, March 31, Ms. Todd checked Mae Magouirks 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 Magouirks 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 Magouirks aortic dissection is contained and not presently life threatening.
Two weeks ago, Mae Magouirks 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 Magouirks medical power of attorney and thus invoked said powers against the wishes of Mae Magouirks 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 LaGranges 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 Magouirks Living Will, Maes 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 Magouirks sister) and Kenneth Mullinax (Mae Magouirks nephew) via phone on Thursday, March 31 that Georgia Law stipulated that Mrs. Mullinax and her brother A. B. McLeod (Mae Magouirks 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 Magouirks 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 Maes 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 Magouirks 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 Maes 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 Magouirks 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 Magouirks 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!
Maes present state and vital signs Maes 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 Maes life: Jack Kirby, Kirby & Roberts***
My hope is that all parties have what is truly in her best interest at heart. I just happen to know some of the people he refers to as "the opposition" and they are not the monsters he portrays them as.
If "the opposition" were really trying to have her returned to the hospice, she wouldn't have been allowed to leave. I guess his hyperbole is a little thick for my tastes. That kind of language always makes me question peoples motives.
I probably shouldn't comment too much more. I hope things work out well for everyone involved... it's not an easy situation to deal with in the best of circumstances.
I know what you mean....I quit my job as an English Instructor in New Orleans to take care of my mama in Houston...she had diabetes and congestive heart failure...it was worth every minute of it to spend those last years together. Her heart failure was beginning to catch up with her when she had a small heart attack and the clot buster removed a plaque that was controlling a coronary aneurysm. She had a wonderful last day, visited by the people that loved her, and died very suddenly (none of us knew this was going to happen).
Thinking of our parents as burdens instead of loved ones is not a good way to go. I don't know how much I still miss her, and if she were here, I would still gladly be caring for her each and every day.
good point
my guess is, with all the light now on this case, so soon after Terri's plight, the hospital is not going to send her back to hospice without D*MN good evidence for it...even if only because they don't want the publicity and/or lines of people and TV cameras. Whatever works!
Either Ken's story is roughly true (Mae was admitted to hospice and intubation was suspended in order to cause natural death by dehydration), or Mae was terminal and Ken is subjecting her to unnecessary stress. If Mae wasn't terminal, then hospice should not want her as a patient. Hospice's counsel hinted that if Mae was intubated, then Mae loses her status as a candidate for hospice care.
Ken's version paints hospice as a tad too eagar to obtain clients. Gaddy and hospice's version hasn't been clearly reported.
"Days of our Lives." Truth is indeed stranger than fiction.
if we don't watch it, this will become a new 'acceptable' reason for people to off us! I say this facetiously, but I'm not sure it couldn't happen. 'Seen too much lately that I never thought I'd see -
When we have the legal beagles parsing the meaning of "IS" - we're in deep doo doo
(I think I'm going to ask a certain FReeper to be my guardian...:)
It is wonderful news that Mae is now in a hospital where Ken can be assured that she is receiving the care he wants her to have. Please send my prayers for Mae and her sister as well.
Now go get some well-deserved rest!
Mortality may be high for this condition, yet her sister has the same thing and was home doing fine - until the shock of what was happening to her sister put her back in the hospital.
now to the second statement of yours about the grandmother being terminal "in the granddaughters [should be two d's] mind" - are you then, advocating that it's okay to kill someone as long as YOU THINK they're terminal? That's not a slippery slope, that's a free-fall
Just checking in.....was out all day....GOOD NEWS I see. Wonderful good news!!!
Oh, get off it, there is no privacy when someone is killing you. If it is private - you will be dead.
Methinks there will be a number of these miracles posthumousy attributable to Thersa Marie Schindler (Schiavo). Beattification just requires one, right?
Moral Absolutes Ping.
Good news - speaks for itself. !!!!
Freepers and those fighting for what's right can make a difference.
Let me know if you want on/off this pinglist.
Beattification just requires one, right?
Yep, just one.
Good news. So proud of you who got on this so fast - my mind was spinning at how fast all of this came about.
Nice to know there are people like you all out there that care how our elderly are mistreated by those that should be caring for them.
Yes, she did. The granddaughter only had financial power of attorney and lied about having total power of attorney. The medical instructions were in the living will, which neither the "granddaughter", nor the hospice, adhered to.
With relatives like Gaddy...
I hate false piety.
And yes, it can be.
Doing the snoopy dance here in the north woods - well, couldn't find snoopy - will this do?
Well, he hung him self, so you will have to contact John Edwards to see how he felt about that.
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Just to make sure everyone has the link, here is the address for eeevil conservative's blog containing her email from Kenneth.
http://straightupwsherri.blogspot.com/
Thank you so much for all the emails and phone calls everyone - and especially to you "eeevil."
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