It's Happening Again (We've Got Another Schiavo, Starving In GA, No Brain-Damage)

Media Release | 4-6-05 | The Family of Mae Magouirk

[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***

[eeevil conservative]

Again-- I am not saying that this IS what Gaddy told the Judge-- I am saying that at the time-- this is waht KEN believed to be the case--

Beth refused to talk to them-- except to keep saying that she was in control-- OH-- ANd I don't think Beth told the judge that she had duped the Hospice into thinking she had MEDICAL guardianship...

[eeevil conservative]

Again-- I am not saying that this IS what Gaddy told the Judge-- I am saying that at the time-- this is waht KEN believed to be the case--

Beth refused to talk to them-- except to keep saying that she was in control-- OH-- ANd I don't think Beth told the judge that she had duped the Hospice into thinking she had MEDICAL guardianship...

[eeevil conservative]

LOL!!

Can I say that again??

[olliecollie]

I noticed that he waited until Wednesday, I think Ken in the begining trusted that the doctors would come to the decison to care for his Aunt, who wouldn't?
In any case let's "Err on the side of Life"

[Fred Nerks]

Cunning. She selected comatose and PVS because she knew that in a hospice that would be end of her grandmother. From the moment of admittance the race was on. Would the little old lady die before she was evaluated by the doctors? Would lack of treatment and doses of morphine do the trick in a matter of days? And if she's going to die, why bother with eye-drops?
No wonder Kenneth took her out of there, he didn't have a moment to waste.

[judgemc]

Yes, that's true.

But in some earlier posts you made it sound like the granddaughter was relying too much on what the hospital thought. Maybe she felt like their was not much time left. Mae's sister had the same thing happen to her. The granddaughter could have just been getting bad advice.

Here I go again with the I, but I would really hate to think that the granddaughter was doing anything malicious to her grandmother. Maybe as jaded as I have become I just could never had treated my grandmother that way and can't picture anyone else doing that either.

[judgemc]

Thank you, can we start over?

Hi my name is Judgemc and I'm a bloggaholic. I just can't seem to stop.

[eeevil conservative]

I would tend to think Beth was just following what the doctors told her-- but it is like with the Terri case-- If you are so convinced that this is true-- why refuse anyone else-- (ESPECIALLY MAE'S SISTER WHO HAS BEEN THERE AND RECOVERED) to let other doctors come in. why all the I'm in control"

Then running to the judge without telling the family, etc...

sad-- very sad the whole thing.. I don't trust Gaddy-- heck she was supposed to put out a statement of HER side today... well- instead we got the court ruling.

I am projecting here- BUT IF I WERE MISS GADDY MY BUTT WOULD BE OUT THERE CLEARING THINGS UP! I would also be THANKING KENNETH for GETTING MAE THE HELP SHE DESERVES! THIS IS HER GRANDMA!

okay-- I just lost my grandma, and I had no say so in her right to fight for life. Heck they surrounded her bed saying. "It's okay to let go.." She squeezed their hand and shook her head NO!

So I may be a little biased on GADDY right now-- but she has shown NO GOOD FAITH! She has done NOTHING to lend her the benefit of the doubt..

I am a little heated on this post-- but not directed at you.. hope you know that...

[judgemc]

My grandmother died four months after my daughter was born. That was about 2 years ago. The last good picture I have of her is when she held he first great-granddaughter on her day home form the hospital.

I had a say in her care, but she had the last say.

I know where your coming from.

[judgemc]

I am wondering why she hasn't released a statement too!

[Fred Nerks]

Let me try to explain something to you. Not just in this case, but many others in my experience, it happens that a family member or next of kin, over a number of years, assists in the care of an elderly relative. They run errands for them, they arrange for home maintenance etc., and as time passes, they become totally familiar with the relative's financial position. The operative word here is 'familiar' - over time the relative begins to view the assets of that person as belonging to them...when they die...they become privvy to the contents of the person's Will, and human nature being what it is, there are some who just can't wait. Elderly people are not always pleasant, they are cranky, they are suspicious (often with good reason) and when an opportunity presents itself, it's tempting to move the situation along...but as homicide has too strong a penalty, the hospice offers what appears to be a legal alternative. On the face of it, all one has to do is apply for guardianship, admit the 'patient' as 'comatose or PVS' and state that the patient is not expected to survive beyond a certain time limit. As a hospice is not equipped to deliver medical care beyond 'assisting the patient to die' the outcome is obvious.
Unless someone else steps in and removes the patient from the hospice to seek proper medical treatment - the patient dies.

[eeevil conservative]

Just got an email from Kenneth.. I will edit a bit-- for reasons of not wanting to betray his trust.

HERE:

"just did 10 minutes on the national radio show hosted by Michael Reagan show... at approximately 5:45PM CST.

He is a great supporter of life and a good man...he will follow my Aunt's plight and do a follow up segment on it.

Reagan said he believes Gaddy is motivated by my Aunt's money, via the fact that she and her two siblings stand to inherit all of their grandmothers estate. I told him I surely hope that is not the case and I feel that Beth is motivated by misplaced love and very bad advice..

Also I was on my second Glenn Beck Show this morning to advance my Aunt Mae's case and the cause of life...what a caring man."


I told him about what Judge Boyd said on GLenn Beck after show show..so that is what this next part is about...


"There is talk from Beck insiders that Glenn wants me back on tomorrow with Judge Boyd...I sooooooo welcome the opportunity since Boyd has called me a liar and stated that I told him I was a Congressman when in fact, I did not.

It seems Judge Boyd has a hard time with the nuances of the English language because I told him
"I was once with the Congress"
as I once was, as a senior staffer and spokesman for a member of congress in Washington, DC for many years. "


I will say Boyd was handicapped by my cousin Beth, in that she failed to fully advise him that she had misstated to the hospital and the hospice that she held the medical power of attorney when in fact held NO medical decision making authority EVER for Mae Magouirk.

She also stated that she has "taken care" of her grandmother for the past 10 years when in fact, Mae Magouirk has always lived alone and independently since the death of her husband Charlie.

Boyd was also handicapped by the fact that Gaddy DID NOT reveal to him that WE were the closest living next of kin (NOT HER) and that we wished to intervene to save Mae's life" and put her into a hospice in which she would never walk out of alive.

A good friend suggested that we get other family members to talk.

Well it is just my Mom and her brother, my uncle. They are not bloggers or public advocates and they are very personal people.

Mom has a serious heart condition and we don't want to excite her and Uncle Buddy has requested that there be one concise and on message voice from our family.....that is me!

So doubters will doubt and as Rhett Butler once said...........
well, you know the quote!

Thanks
Ken/Nephew of Mae

PS: Tomorrow you should see an article in the Atlanta Journal Constitution

[Fred Nerks]

Nice one!

[eeevil conservative]

This comment brought tears to my eyes-- I still really miss my grandma, still very open wound...

[judgemc]

I am crying.

I took care of her. She taught me how to can fruit.

[eeevil conservative]

Yes it is...

[eeevil conservative]

A good friend suggested that we get other family members to talk. You know where that came from, dont you??

[eeevil conservative]

{{{{{{{{ judgemc }}}}}}}}}

[judgemc]

what did I do now?

[supercat]

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.

My interpretation would be that she addressed them separately, and thus one of them would be reporting each statement. The petition really doesn't make that clear, though. I don't know whether the relatives gave any tesimony at the hearing as to what she said, but I would hope they would try to do so; the evidentiary value of hearsay delivered in court would be limitted, but the evidentiary value of the statements in the petition is nil).