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***
"Once bitten, twice shy!"
This has happened to Ken before?
I'm willing to do what needs to be done, but I'm kinda not sure what they need and I don't want to make any efforts on their part harder by irritating a delicate balance.
NOT BACKING OFF. LOL JUST NEED MARCHING ORDERS.
;)
Most of the lynch mob crowd isn't either. Something about the irrelevance of the truth...
Can't you find another thread where the people there would like to banter with you?
I assume what you are doing right now is called bantering?
You reserved this thread when? I must have missed the "reserved for expat" sign, newbie.
Youa re distarcting us on this Action Thread
If I knew what it meant to distarct something, I might agree.
I know it's always difficult when you have made up your mind about something, to have the truth shatter all your preconceived notions, but hey, that's the value of learning, even if you don't want to!
BTW, spell check is our friend. Oh, and let me know when the hanging is over, so I can come back. On second thought, I'll hang around for awhile. This distarcting thing might just be interesting.
Hi Smartaleck,
There was quite a bit of confusion regarding Mae's treatment earlier on this thread, because it wasn't easy for us to get the facts in the beginning.
eeevil has worked very hard to clear things up.
Here is where you will find answers to some of your questions:
http://www.freerepublic.com/focus/f-news/1381143/posts?q=1&&page=71#71
Since this was posted on another thread (I'm not sure if it was posted on this one or not) then it's understandable why you might still be wondering what's going on. I hope this clears things up for you, and I'm sorry if any of my earlier posts caused any confusion.
At this point I think our best plan is to try and research the laws in Ga on this issue to see if this allowed...
Kenneth has attorneys trying to handle this with Beth Gaddy without going into court.
Thanks eeevil!
True to your FReeper name, I see.
32 page court ruling on Miss Mae by Judge Boyd...
http://www.straightupwsherri.blogspot.com/
I would guess she is - that was part of the judges order
I am also wondering...
I'm not sure where this new hospital is located. Is she still in Georgia or in Alabama? If she is no longer in Georgia, is there anything the Alabama courts can do about this?
I understand your concern, but I'm heartened by the fact that Mae is in a hospital not a hospice. The granddaughter may be able to prevent visitors from family because she has temporary guardianship, but one thing she cannot do, is influence the doctors on the treatment that Mae will receive.
Granddaughter has shown her true colours. My guess is the family will reach an agreement. Money will probably change hands. Ten years of running errands, what's that worth?
The granddaughter is holding Mae hostage. It's her last card. Ain't human nature grand?
Then I think we are completely in agreement, since I feel the same way. Other than the judge, I doubt if anyone here can say that Ken lied, or that she (Mae) never had a feeding tube. But then, by the same token, those who had condemned Gaddy, the judge and the hospice before any information of relevance came out would seem to fall into that category.
I have yet to hear Ken say that- not have I seen him write it.
So far, we are in complete agreement. I've not heard that either. Which is why I was questioning another for saying it.
It's that stuff that is ridiculous- I am not saying you have done that-- just kinda explaining my POV.
And I respect your point of view, and your desire to see justice done. My only hope is that in the future, those who initially accepted one side of this issue before the whole story came out will pause a bit when the next one comes out...and it will.
Then you get the KEN IS A DEM.
Yes, I've heard that and don't know if it's true or not. I responded to one poster who asked what possible motive could Ken have for going public when he did, and my response was that if he were a Democrat operative, as some here have stated, it could serve to make conservatives look foolish. But as I pointed out, that simply anwered a speculative question about what he as a Dem might get. After all, it does seem strange to some of us that when he did go public, he left out a lot of pretty relevant information, regardless of his reasons. And without that information, a lot of needless charges and conjecture took place, including action items such as faxes and calls to numerous elected officials, etc.
Questions are good. nipping at heals for attention is childish..
But at the same time, a lot of long standing Freepers have been chastised, insulted and otherwise verbally attacked in every conceivable way over the past few weeks simply for asking those questions.
People learn very little by simply dittoing each other. Real learning comes from having to support a position and facing the questions none of the dittos would ask. It rarely comes from only those with a particular agenda, including news sources.
Group think is never healthy!
"There was quite a bit of confusion regarding Mae's treatment earlier on this thread, because it wasn't easy for us to get the facts in the beginning."
Yes it is a bit confusing. Some people apparently got a little irritated. ;-)
I have tried very, very hard to read that document, but so far the only conclusion I've been able to reach is that the typist needs to be declared mentally incompetent and made a ward of the state!
Does anyone here have a Secret Typo Decoder Ring? Sheesh!
She is in Alabama-- but the court order says Gaddy is guardian- per agreement. There are stipulations in the order- so it is a matter of amking sure she sticks to them- and the fact that she has denied visitation may be an act of "not in good faith" or something like that-- don't know...
WHO IS THIS ABOUT? (The document is very difficult to read.)
snip:
(a) "Budd; , I have discovered that Beth (Elizahctt A, O«ddy) i* writing unauthorized. checks >n my account. 1 just cftn't trust her anymore at all. Would you please get with me at d tell me what I need to do to have her re noved from doing this. Also, 1 want to replii :c Beth and appoint you (Buddy) to havt any power <rf attorney and to act on my beb ilf if 1 get sick."
(b) "Lorui*, I am scared Beth U stealing money fmw my cheeking account, t have tok Buddy already and suk him to please help me remove her horn being able to do it. ; f you feel its OK, I *ant to *t»point Budtly as my guardian."
(C) "Kem ,y, Beth (Elizabeth Ax Gaddy) i» ffying to make ma give my ear to Pat (Elisabeth A. G iddy's fwther) »ad I don't want to do this became 1 neeC jit so my women (her dalij housekeeper) c«i taJce me to the beauty shop and my appointment. I tc Id her no but she keeps bothering me about it and she's now treating me real nu: in, Charlie (Mae MagouLrk's deceased husband) and I bought Pat the house she live: in and even pay the property taxes on it I would think that is enough but now thi ;< What should I do?"
WHAT DOES THIS MEAN?
LOL!!
!
NO!
It is a an image converted into a Word document-- LOL!
that is what happens-- It gets garbled!
That is why I wrote this at the beginning of the post--
I am converting it again into a web page format-- that should work better-- it just takes FOREVER!
UAB is in ALABAMA, not Georgia. Since Mae is now in Alabama, can Ken take this case to the courts in Alabama and get a different ruling?
Honestly--I don't know--
I talked with him a bit today and we chatted strategy-- I am NO ATTORNEY but I have been in politics awhile and so has he-- so strategy is what we do-- anyway-- I don't want to betray any confidence--
but I can say this.
The best bet is to try and get Boyd to handle it in Ruth's (Ken's mom) favor. Then if all else fails try it in Alabama-- his attorneys will be able to advise him better than I- but we were just thinking out loud. The last thing we want to do is tick off Boyd any more than he already is--
Good question! And meanwhile Miss Mae is in hospital being cared for, where the worst the granddaughter can do is literally hold her hostage by preventing relatives from visitation; the one thing can't do is influence the treatment Miss Mae is receiving.
What do you make of snip #2076?
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