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***
Then again....maybe KEN LIED out of a desparation to add weight to his plea to get his AUNT to a CARDIOLOGIST ASAP....I might do the same in a life and death matter.
No matter.
It should NOT impact Mae.
Was she BEING DENIED FOOD WHEN SHE WAS NOT ON A FEEDING TUBE?
WAS SHE BEING DENIED FOOD EVEN THO IT WAS REPORTED THAT SHE VERBALLY "ASKED FOR FOOD"?
Was SHE BEING DENIED FOOD WHEN HER LIVING WILL SAID ONLY DENY FOOD AND WATER IF I am comatose or in a PVS state?
When YOU deny someone FOOD OR WATER on the ASSUMPTION that they want to die, without PROOF, or especially in Mae's case, AGAINST their OWN WRITTEN DIRECTIVES......THEN YOU DENY THEM THEIR BASIC CONSTITUTIONAL RIGHT to LIFE, liberty and pursuit of happiness....
Would you agree to that, at least? :^)
Very true these are questions that are still yet to be answered.
I heard this too
I have talked with BOTH men-- the judge and Kenneth--
I have to be honest-- I can't see either one of them lying.
I do know that the judge is upset with Kenneth because he went to the internet with his problem and that the judge got swamped with calls and this irritated him-- but I don't think the judge would lie about Kenneth because he is mad over this.
I also don't think Kenneth would have lied about his former job-- I sure hope this is just miscommunitcation...
The fact that Mae was NOT given the care she needed and deserved is STILL the MAJOR issue.
We have to keep in mind that when we fight these fights- we are not oging to have ANGELS on all sides or even both sides.
We may find cases when BOTH sides are a little shady.
Let's stay focused on Mae and try and wee these other things out, on the side, per se...
"Do we have a Hospice" watch group? My feeling is that this is the 'attack" point - if we approach this from a religious angle -"
You have your work cut out for you.
Why don't you start with this Catholic Hosp. that offers Hospice services?
http://www.stj.com/programsServices/Hospice/funding.asp
or Chatholics in general http://www.catholichospice.org/
or maybe the Babtist would be easier>?
http://www.baptist-health.com/more_centers/home_care/
http://www.baptistonline.org/services/medical/homecare/hospice.asp
Perhaps take on the State of TX?
http://www.tdh.state.tx.us/fic/browse/browseSource_exe.asp?sourceID=87
Maybe it would be easier to start with the United Way?
http://www.uwlm.ca/Support+to+Agencies/Grants+and+Funding/default.htm
Since a lot of their revenue comes from the Fed. Gov't through Medicare and Medicade you can probably persuade the gov't to change that with no problem?
you are exactly right
"The judge is saying that she should have been being feed all along."
A spokesman for the Hospice said he couldn't talk about specific patients but said no one was being denied hydration and nutrition. ;-)
No, it's not a hoax. But there are subltleties here which are slowly coming to light. Keep your powder dry, folks.
Yes, the family did agree that Beth should be the TEMPORARY guardian. At the time, they had no reason to believe Beth would not act in Mae's best interest. However, things have changed, and questionable motives have been raised.
Unfortunately, one of the big lessons here is that once a matter like this gets into court, the person in question [Terri or Mae] is far more likely to DIE than to LIVE. Please carefully read the message below from Ron Panzer at HPA - Hospice Patients Alliance. He is following this case closely, from afar.
NOTE FROM RON PANZER:
It is clear that Beth Gaddy, as temporary guardian, has the legal authorization to make any and all decisions for Mae Magouirk. However, whether she will do what is best for Mae, even though she is now at the hospital, is questionable. That she was willing to place Mae in hospice, with physician referral, without consulting Mae's own sister and brother who are living, and without getting a second opinion from an expert in the field speaks volumes about what is going on here.
Under Georgia law, because Mae's husband and son are deceased, the heir to any assets possessed by Mae would pass directly to the granddaughter Beth Gaddy (unless there is a Last Will indicating anything contray to that). There appears to be funds available, since Beth Gaddy served as a financial power of attorney to make those decisions as to where Mae's funds were to be allocated.
The family, meaning Ken Mullinax (nephew) and the elderly sister and brother need to approach the judge to modify his order so that fairness is maintained throughout. As we saw in the Schiavo case, guardianships may be misused at times, and others have no standing to fight against it if a judge does not intervene.
In this case, the judge, Judge Boyd, awarded temporary guardianship to Beth, but ordered that nutrition and hydration be provided to Mae until the panel of doctors had decided the best course of action. Responsibility for what is happening here is firmly in the hands of Beth Gaddy, the granddaughter. Placement in the hospice originally, is the result of the local LaGrange doctors who referred Mae, inappropriately to hospice, and Beth Gaddy who did not seek another expert opinion and did not consult with Mae's own sister and brother.
It is clear to me that anyone who has a loving relationship with Mae and/or Mae's own siblings, would have consulted them, as they are living, and were available at any time to be consulted. Why did Beth Gaddy so willingly have Mae placed in hospice? Why is she (as reported to us) now refusing to allow visitation by Mae's own siblings and nephew who were the ones who saw to it that Mae was rescued?
As we have said before, this is hardly over, and will go back to the courts shortly, that is certain! - Ron P
* * *
Send Ron an email with "Subscribe" as the message, and you'll receive his excellent email updates:
subscribe@hospicepatients.org
What...no name? lol
Is there everyone on this forum board thread who believes this 'hospice spokesman' (who works for a place whose main MO is starvation and dehydration(< --- if they can get away with withdrawal of fluids, speeds up death, dontchaknow!) when he or she says "no oe was being denied hydration and nutrition " ?
GIVE ME A BREAK!
No one at that hospice is beind denied food and water? What? What are they doing, changing their MO of death from withholding fluid and food to lethal injection?
WHAT A LIAR!
As we have seen in Terri's Fight, this issue crosses all barriers. It is not Political, religious or racial.
Everyone of us is going to die one day - and watch relatives die - we all have a "dog in this race" -
We will have to be diligent not to let the deathCrats make this a one issue cause...not divide us. This is a "Will to Live" , a "My Choice" , a
"Never Again" fight that includes everyone.
You all do know that Mae is no longer at the Hospice, RIGHT?
Yeah shes at UAB hospital right?
Yes-- I was just curious- because I saw posts about people calling hospice and just wanted to be sure everyone knew.
Di you all hear that Kenneth and his family were escorted out of Mae's room and are being denied visitation with Mae, per Beth Gaddy..
I heard Kenneth tell GLenn Beck this- but then my computer locked up and I can't find anyone else who has heard it...
Starting to be scared that I went nuts.
Been trying to call Kenneth to verify it- but he is busy with other radio shows, etc- may even have gone back to the hospital with his mom.
You know that Mae's sister is out of ICE and in a private room-- doing much better now- since she heard the good news about her sister...
I, for one, don't think I'd like to be Mae right now, with Gaddy having total control.
Maybe the judges best bet at this time would be to bar ALL family until this is settled.
Bottom line now is, MAE! Let her get the peace and rest AND MEDICAL TREATMENT she needs -
Question? If Gaddy now has control over medical treatment, is she forbidding the doctors at the hospital to treat Mae for her heart condition?
We need to freep Joel Martin, Senior writer (wrote the first front page article) and the editor, Andrea Lovejoy.
The paper:
http://www.lagrangenews.com/
Editor
alovejoy@ lagrangenews.com
wasn't that only as a temporary measure AND he ordered that Mae be given food and water until 3 doctors made a decision - in 24 hours? - on what was best for Mae -
did not Kenneth and others agree to this as it was the fastest way get Mae into proper care>
the doctors dragged their heels, from Monday to Friday - so Kenneth, by Weds, was getting afraid that Mae, without the Medical treatment, would not make it, went public?
And if Kenneth's story had no merit, why would the doctor;s have agreed with him and ordered Mae transported to the hospital?
Let's not be judge and jury on this - let's keep our eye on the ball - MAE
Uh....wrong document.
So Kenneth, in addition to being a former congressman and/or congressional aide is also sufficiently medically qualified to determine that 3 doctors are not moving fast enough after only 2 days. Wasn't it Kenneth who said that Mae was healthy and didn't belong in the hospice? If so, why the rush to get to WND?
And if Kenneth's story had no merit, why would the doctor;s have agreed with him and ordered Mae transported to the hospital?
Because the Freepers made them do it! Oh please! They were doing exactly as the judge ordered them to do...conduct reviews of Mae's case and determine if she was terminal or not. At least 2 found she was not terminal, so therefore she was transported to the hospital, as per the agreement of all parties.
Would you agree to that, at least? :^)
"In this op-ed piece this POS ****doctor stated that**** "
****THen this B(ag)OS doctor, in the same article, stated****
You did not tell the truth when you wrote that "HE STATED" did you?
What does "thou shall not bare false witness" mean?
"I do know that the judge is upset with Kenneth because he went to the internet with his problem and that the judge got swamped with calls and this irritated him-- "
Wonder why Kenneth didn't go to the judge? If she were wrongly being starved to death why didn't he go to protective services or the police?
2000 *bump*
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