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***
I got the links fixed!
THE court ruling is no longer garbled!
http://straightupwsherri.blogspot.com/2005/04/32-page-court-ruling-by-judge-boyd-on.html#comments
I never said a freeper sent a death threat. I said I had to change My ISP and my screen name.
And it seems as if I am no the only one who had questions about Ken's story. I don't think I ever said he lied. I was mostly suggesting that he exaggerated the situation. Some of the things that he was saying and other reposrts on the situation were not matching up.
Because of a death threat on that first line please.
I made the foolish mistake of using my home computer to do some research into hate groups.
Here is the family's (A. B. McLeod and Lonnie Ruth McLeod Mullinax) objection to Beth Gaddy being Mae's guardian (Page 20-23 of the court document):
2.) Ora Mae Magouirk has requested that her brother, A. B. McLeod, her sister, Lonnie Ruth McLeod Mullinax and her nephew Kenneth Gordon Mullinax Jr. assist her in obtaining treatment for her medical condition at UAB Hospital in Birmingham, AL. Ms. Mullinax has been successfully treated for the same condition at UAB.
3.) The petitioner, Elizabeth A. Gaddy, has refused to allow Ms. Magouirk to be treated for her condition in Birmingham, and has made the following statements which are contrary to the alleged incapacitated adult's interests:
(a.) "Uncle Buddy, before you and Kenny try to get Grandmamma to UAB to get well, I want you to know that I am in charge now, it's totally up to me because I hold the medical POA and Grandmamma (Mrs. Magouirk) has suffered too much and I want her to stay here in LaGrange."
(b.) "I don't care if they are the best doctors in the whole world. I have prayed about this and God has told me that Grandmamma is ready to go home with Jesus and Granddaddy. Since I hold the medical power to do this, it is my decision and I want her to go to hospice. Her heart is now bad and she has glaucoma and blood clots. Grandmamma told me she wants to go home and I feel that means that she wants to die so I want her to go to Hospice. I promise y'all I won't withhold anything Grandmamma needs."
(c.) "Grandmamma is ready to go to heaven and Jesus has told her this so Grandmamma will stay here at the Hospice and I will make sure she gets good heart medicine and care here and that she is given food and water."
4.) Ms. Magouirk has a living will that provides that she is not to be denied nourishment unless she is comatose or PVS. The petitioner does not have Ms. Magouirk's medical POA, nonwithstanding, she has claimed to have the legal authority to direct Ms. Magouirk's medical treatment, and has instructed the W. GA Hospice caregivers to withhold nourishment, contrary to the explicit terms of Ms. Magouirk's living will.
5.) In addition, Ms. Magouirk has made the following statements which indicate that the petitioner is not acting in her (Ms. Magouirk's) best interests:
(a.) "Buddy, I have discovered that Beth (Elizabeth A. Gaddy) is writing unnauthorized checks on my account. I just can't trust her anymore at all. Would you please get with me and tell me what I need to do to have her removed from doing this. Also, I want to replace Beth and appoint you (Buddy) to have my POA and to act on my behalf if I get sick."
(b.) "Lonnie, I am scared Beth is stealing money from my checking account. I have told Buddy already and ask him to please help me remove her from being able to do it. If you feel it's OK, I want to appoint Buddy as my guardian."
(c.) "Kenny, Beth is trying to make me give my car to Pat (Elizabeth A. Gaddy's mother) and I don't want to do this because I need it so my woman (her daily housekeeper) can take me to the beauty shop and my appointments. I told her no but she keeps bothering me about it and she's now treating me real mean. Charlie (Mae Magouirk's deceased husband) and I bought Pat the house she lives in and even pay the property taxes on it. I would think that is enough, but now this. What should I do?"
6.)The objectors arranged to have Ms. Magouirk transferred to UAB Hospital via life flight to be treated by a cardiologist who has successfully treated malady from which Ms. Magouirk suffers. the petitioner discovered the objectors' plans to have Ms. Magouirk transferred to Birmingham for medical treatment, and applied for the within emergency guardianship in an attempt to gain the authority to prevent objectors from abtaining medical treatment for Ms. Magouirk.
7.)The objectors agree that Ms. Magouirk is in need of an emergency guardian so that she can obtain the needed medical care, but show that the petitioner would deny Ms. Magouirk the medical attention she needs, and is therefore not a fit and proper person to serve as guardian.
NO-- YOu kept insinuating that Ken was using this for political gain.
I talked with World Net Daily today--
Ken never told THEM that he worked in Congress- She found this stuff out later and then asked him about it-- and he made it sound like he just worked with them, never bragged about all he did- his speech writing and all that-- he was more interested in talking about Mae.
No mater what you may think- Ken is not out for personal gain. His mother and uncle asked him to get involved, so he did. YOu can say waht ever you want about what you believe and you don't believe him-- blah blah blah- but Y(OU are the one throwing around inuendo and talking to pastors that have NOTHING to do with this case.
GROW a spine and call him yourself.
Easy to sit behind a screen with a fake name and throw around crapt!
Read the court documents. If Ken is a liar then Buddy and Lonnie must be lying too, because they back up his story.
So now we have 3 people saying that Gaddy wants Mae dead, and Gaddy has been strangely silent. Who do you expect us to believe?
IANAL--IDEPOOTV--but I find it curious that the document which cites the things that Oda Mae told her relatives doesn't explicitly who stated who was claiming what. I would expect that the statement "Kenny, Beth is trying..." was attested to by Kenny, and likewise "Lonnie, I am scared..." and "Budy, I have discovered..." would have been attested to by Lonnie and Buddy. But the document doesn't actually say that.
Still, it would seem that either three people are trying to smear Beth for no apparent reason or else Beth is up to something bad.
Page 20:
"in addition, Mrs Magouirk has made the following statements which indicate that the petitioner is not acting in her (Mrs Magourik's) best interests:
(a) "Budd, I have discovered that Beth (Elizabeth A Gaddy) is writing unauthorized checks on my account. I just can't trust her anymore at all. Would you please get with me and tell me what I need to do to have her removed from doing this. Also, I want to replace Beth and appoint you (Buddy) to have my power of attorney and to act on my behalf if I get sick."
(b) Lonnie, I am scared Beth is stealing money from my checking account. I have told Buddy already and ask him to please help me remove her from being able to do it. If you feel this is OK, I want to appoint Buddy as my guardian."
(c) Kenny, Beth (Elizabeth A Gaddy) is trying to make me give my car to Pat (Elizabeth A Gaddy's mother) and I don't want to do this because I need it so my woman (her daily housekeeper) can take me to the beauty shop and my appointments. I told her but she keeps bothering me about it and she's now treating me real mean. Charlie ( Mae Magourik's deceased husband) and I bought Pat the house she lives in and even pay the property taxes on it. I would think that is enough but now this. What should I do?
FREEPERS YOU DONE GOOD!
2.) Ora Mae Magouirk has requested that her brother, A. B. McLeod, her sister, Lonnie Ruth McLeod Mullinax and her nephew Kenneth Gordon Mullinax Jr. assist her in obtaining treatment for her medical condition at UAB Hospital in Birmingham, AL. Ms. Mullinax has been successfully treated for the same condition at UAB.
Look, I just got back. Don't take it out on me because that other guy got you mad.
I also didn't say that he bragged about working for congress... I said that why would he need your help when he has connections because he worked for congress.
me me me me me me me again?
I would refer to my self in the third person but that is rather pretentious. If your going to use my screen name III am going to reply.
While looking at the court documents I noticed that Jim Thornton was appointed as attorney to represent the ward. So, it looks like Mae did have legal representation.
Another interesting thing:
There are 9 items that can be circled to describe the ward's incapacitation.
Beth Gabby circled these 4:
* Mental Disability
* Advanced Age
* Physical Illness or Disability
* Other: Aortic Aneurism; blood clot (written in, and spelled as it was in the document)
Gabby also declared in a seperate section that Mae suffered from dementia.
The siblings (A. B. McLeod and Lonnie Ruth McLeod Mullinax only circled one item:
* Physical Illness or Disability
[On this form there were only 8 options. Advanced age was not listed for some reason.]
Mae's living will is also included in the document and clearly states that nutrition is only to be withheld if she is comatose or PVS. There were 3 options for her to select: terminal illness, comatose, and PVS. She only selected comatose and PVS. SHE DID NOT SELECT THE TERMINAL ILLNESS OPTION. So, Beth would be going against Mae's living will if she tried to withhold nutrition from Mae on grounds of terminal illness.
No-- YOu didn't say that-- you insinuated that he was using this for political gain, etc...
Look-- He just wants what is best for Mae.
Everyone has made this Terri II.
It is in a way-- but- Beth- as misguided as she is-- is NO MICHAEL SCHIAVO
Boyd is no GREER
Kenneth acted the best way he knew how to get public attention on his aunt being starved to death..
He waited a LONG time to come to the public..
He could have done it the Friday before-- I don't think he even THOUGHT of it until Wednesday.. that is pure conjecture on my part-- he did not tell me that..
Really--- you should call him-- I htink you will be pleasantly surprised...
It looks like she told all three of them. Perhaps, she told them this from her hospice or hospital bed while she was still lucid. This is only a speculation on my part, though.
judgemc: I never said a freeper sent a death threat. I said I had to change My ISP and my screen name.
You are right. You never claimed it was a FReeper who threatened you. My apologies.
It might be speculation on your part as you say, but one gets a clear picture of a little old lady who lived as independantly as she could, she had a housekeeper, she went to the beauty parlour, she was generous, before her husband died they bought a house for Pat (Gaddy's mother?) and paid the property taxes on it. Miss Mae deserved better than she got - a literal death sentence from her granddaughter who wanted her 'to go to Jesus' it's enough to make one weep. May the dear old lady recover and live for many more years. Prayers for Miss Mae going up!
If you would like to hear about some of the stupid things I have done to make other people hate me I I I (lol please) will send you a private message.
It's a good list of wesites to avoid at all costs.
Valid point.
Considering a family member went to a judge for emergency guardianship without telling the rest of the family that she had filed, nor telling the judge that there was more immediate family to Mae-- which by GA LAW would give them the guardinaship, nor did she tell the judge that they were actually IN TOWN- at the moment, that to me would feel like opposition---
I don't know what Mae told the judge on friday when she asked for emergency guardianship- but I know that Ken believes that the judge did NOT know all the facts. Ken actually thinks that the judge would have made a different decision had he known all the facts..
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.