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***
Didn't the Judge order the review to be concluded within 24 hours?
Gaddy's ATTY speaking to the LaGrange newspaper that Kenny boy says got it right..
"Gaddy has been taking care of her grandmother for 10 years, he said."
10 years and no problems........wow!
So, Beth traveled to UAB, then kicked them out and denied futher visitation? This girl just ain't right. No matter how you slice it. Even if The whole Alabama Gang is lying through their teeth (which I seriously doubt, those in the wrong are most certainly going to put the spin on it that puts them in the best light, especially since Terri)
She was deciding that Grandmamma was staying in the hospice even if it meant no feeding tube and she was absolutely not getting enough nutrition or hydration. If she was why should it take two days of intensive rehydration therapy? Anyway, is there a transcript or something I can reference for my emails? I'm not sure who to contact other than the judge and I keep getting a busy signal. If you've posted something just pop me the post number and I will get busy.
What is Beth doing in that room????(I know you can't answer it, I just worry)
First time I heard that. Is that in the agreement and order? If so, it is the judges's responsibility to find out why the doctors were unable to comply.
"Perhaps Grandmamma hadn't presented such a golden opportunity before."
Ken saw opportunities heh?
Ken didn't put her in a hospice, Smartaleck. Beth did that.
Give me a sec. I'll try and find it for you.
ignore him
The BEST info I have is here:
http://www.straightupwsherri.blogspot.com/
Aslo check Blogs FOr Terri for updates:
http://www.blogsforterri.com/
I'm confused - where and when did I make any such assertion?
I DID query as to why the doctors would have determined Mae was NOT terminal and had her airlifted to a hospital for medical treatment were it not so?
They made a MEDICAL decision - that happened to bear our what Kenneth was saying.
Are you deliberately trying to confuse the issue - or did you not read with comprehension?
Thank you eeevil, I am so aggravated that this woman can do this to the family. She appears to be taking her cues from Michael.
I have a faxed copy of the 32 page court order per Judge Boyd- trying to get it posted on the net right now-- will take a few minutes..
maybe more than a few--
But YES-- Judge Boyd verified that that was his court order. THe attorney for the family should have gone to the Judge when it was violated. It is the Dr that violeted it though- and ya don't want to make them mad- You needed them to say Mae should be treated and not left in Hospice
It is very messy-- this whole thing could have been handled better by BOTH sides-
I recognize this- but I am certainly in agreement on the side FOR LIFE-- NOT THE SIDE FOR DEATH!
my thinking too
(Sorry, should've hit preview first. Not sure what happened in my last attempt.)
Q. Didn't the Judge order the review to be concluded within 24 hours?
A. I am reading a copy of the actual order now. Beginning on page 2 and ending on page 3 of the court order I quote:
"As time is of the essence, the Court requests that the doctors confer and make their recommendation within 24 hours of this order, if possible, and if not possible, at the earliest possible time."
Email me if you'd like a copy of the court order. It is 32 pages long and is in e-fax format.
Someone is working on getting copies of the TRANSCRIPTS for the April 1 and April 4 hearings. These are the documents that are likely to fully expose the truth and the lies.
One thing I can clearly see from my reading so far -- with my dummy layperson's eyes -- the docs and Beth are using "dementia" and "incapacitation by reason of mental disability" as the purported reason for obtaining guardianship. (The cynic in me says: yeah, first drug 'em up til they can't think, then steal their guardianship.)
However, the point I made about the 24 hours seemed to be a pivotal point of misunderstanding bearing on the impression of malicious intent.
So,MACVSOG68, I will direct you to Sally's resources, she appears to be lady to see if you want to know something about the actual order. Bless you, Sally. ;-)
When these folks hold the power of life and death in their hands of your loved ones, I am sure there is a delicate dance to make sure you can get them safe, then, let litagation fly. Long sentence, I know, but typing out emails trying to keep an eye on several different websites for updates, and hope you will forgive the poor grammar.
guess I.m now a cynic too! :O)
Back in the Wendland case, (Calif 1997) Judge McNatt - before he ruled, WENT TO SEE the patient personally - He did not go on someone's word, totally.
And he made a very different decision. WE need more Judge McNatts.
http://www.angelfire.com/ca7/robertsangels/WendlandToLive.html
My poor little browser window is working overtime,seems I have everything open.
I am a cynic I guess, I'm more cautious of Beth's ACTIONS in this case.
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