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***
lol, it was a hug, goofy (gentle ribbing here, the canning fruit got me too, *sniff*,with mine it was tomatos)
HEY!!
How are ya?
The little one kicking those kidneys!???
I really got to get to bed-- big day tomorrow..
They say that its the worst pain you can ever experience. I must agree.
Alost 70% of couples who lose a child divorce within 5 years. I think we're going to make it.
I do miss jumping in the car for an adventure. I miss HOTLANTA!
My hubby worries all the time. The stuff I used to get into. some things would scare you badly. I've trimed most of that out because of Miranda.
I don't want my hubby to have to tell her that mommy was tortured to death by a hate group. Too much underground criminal activity.
I've moved to tamer pastures.
I so get that!
I was WILD! Until I had my son...
TAMED ME REAL QUICK!
I hope to see you back tomorrow-- I really have to sleep. SPending the day in LaGrange tomorrow...
O-- I'm sorry-- and I am so glad you and your husband are so close and strong to get through this...
AWESOME!
Hey what's going on?
My grandmother could grow the best tomatoes. All I can grow is dirt. But I'm very good at it.
YES!! Just got back up, I think he has found me spleen.
Yes you do have a big day tom.
Your right, It's one thirty in the morning. I'm suprised my hubby hasn;t dragged me to bed.
I'll see you guys later.
Hey eeevil,
I just got done reading a PM that Sally sent me, (she sent the same message to you) and she said some things that I think are very important and that also got me thinking.
The real problem here is that Beth Gabby is Mae's legal guardian. I'm beginning to worry that because of Ken's occupation, he is thinking more like a politician than a lawyer. He's doing what he does best and fighting this the best way he knows how, but perhaps it's not the best way. I realize he's trying to drum up support and public outcry, but in retrospect, all the support and public outcry in the world did not help Terri. Like Sally said, It all boils down to one piece of paper, and whoever has that piece of paper controls Mae.
Right now Beth Gabby has that piece of paper, and she's obviously been spending the bulk of her time confering with her attorney. She's even managed to have guards stationed to keep the family from seeing Mae.
I really hope that while Ken has been out drumming up public support, that Mae's siblings have been taking on the legal aspect of this case. Because, that's what's most important. Beth Gaddy needs to be removed from her position as legal guardian ASAP!
I really think that seeing if this case can be taken to court in Alabama needs to be considered if Judge Boyd will not relinquish Gaddy's guardianship.
Why hasn't Judge Boyd removed Gaddy as guardian yet? It was only a temporary guardianship, so why hasn't permanent guardianship been addressed yet? Why haven't there been any changes? Is the family hoping that Ken's crusade will fix the problem? Or is this situation hanging in limbo for some other reason?
You have freepmail!!
If I may Schmelvin,
one of the biggest problems with the the siblings obtaining permanent guardianship will be thier respective ages. Did you not post that the sisters both have the same problem?
That could be why the judge is hesitant to make them permenant guardians.
Leaving Gabby guardian might not be a bad idea if all medical decisions have to be supported by one other family member either orally or written. The judge can dictate who the other family member should be. And the hospital would be legally bound to update that person evryday as well as give them access to the medical records.
You could also have this case kicked up to district court on a diversity of citezinship/question of law case.
If Alabama's kinship laws are different than Georgia's it would be easy. Especially if her estate is worth more than $75,000.
But, she could support herself on those canned tomatoes, kraut, chowchow, pickled watermelon rinds and peaches and those garlic pickles. YUM YUM!!!! She was horrible at gingerbread though and when you told someone you had eaten a piece of Julie's gingerbread, they got a sympathetic look in their eye and asked if you needed anything. LOL, joking, but only just a very mini amount. really.
Anyway, sorry I missed the group hash out and the hugs.
Separate Note: I can't imagine your pain, loss and heartbreak at the loss of your baby. In a few days I will be in my 25th month and baby is kicking and has a little personality of his own. I will put you in my prayers tonight, because remembering these things to new folks and all always brings on some of those old pains and hurts.
((((((((((Cassie and judgemc)))))))))))))))).
25th month!! HOw long are you going to be pregnant?
(((((((((((mother22wife21)))))))))))))))
Have you tried the flashlight on your belly trick. They'll kick at the light. It's fun.
She's having a little baby elephant!
((((((mother22wife21))))))
I just love this hugging thing!
The last thing I want to do is be a "downer", but here's another thing that concerns me.
One reason the Schindlers lost is because they allowed Michael to have guardianship right away and didn't really start fighting him for it until things became too entrenched to be easily changed.
I'm seeing similar mistakes being made here. The family allowed Gaddy to retain legal guardianship on April 4th but only if some contingencies were adhered to. And, I think that now the family feels that Mae is safe, because she's been relocated to UAB. But, the fact that Gaddy is still exercising every bit of power she has, even to the point of barring the family from seeing Mae, has me worried. Gaddy is actively and aggressively controlling this situation. If she can find any legal loophole at all that will land Mae back in a hospice, I don't doubt for a moment that she will use it (and I also don't doubt for a moment that she's got her attorney looking to do just that).
The family needs to stop being nice and play hardball, because that is exactly what Gaddy is doing. They need to get just as aggressive as she is and rip that legal guardianship right out of her grubby little fingers. Mae is not safe until they do. Please tell me that they are fighting the legal battle just as hard as Ken is fighting the PR battle. Because if Ken loses the legal battle, it won't matter if he wins the PR battle.
What about one of the other grandchildren?
I really have to go It's way past my bedtime. A younger relative in good health would be a better bet. Any judge is going to consider the age and health of the guardian. That might not seem fair, but you kind of want to avoid appointing someone only to have them die before the personthey are guardian for.
And I know that anything can happen at any time, but it's kind of like Vegas. You have to go with the odds.
If the person who is appointed guardian dies, they'll end up back in court.
And I hope that in the future, people will be more careful to whom they give power of attorney. The whole business of guardianship needs looking at as well.
Yes, her estate is worth much more than that.
If you haven't seen the court documents, you might want to take a look at them. I'd be interested to know what you think about all the documentation, which includes Gaddy's petition for guardianship, the sibling's objection, the judge's ruling, Gaddy's financial POA, and Mae's living will.
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