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***
25th month!!!!!! no, no and no!! or I could have been the one who typed up that first offering of the court papers.
That was just a gremlin jumping around on my keyboard.
Two of the grandchildren are working together, but there was mention of a third grandchild in the court documents, IIRC.
If her estate is worth that much and there is a qestion of law or diversity of citizenship issues you could in all probabilty bump it up to district court. I don't want to say definantly, but you would have a good chance.
OK, thanks.
Goodnight. Pleasant dreams.
You too. bedbugs and all that.
that must be the same gremlin who told me how late it is and that you should be in bed...
Yes, I'm chasing down a cow for some warm milk ;-)
actually, I'm going to track down a flashlight and go try that trick. I hope he does kick at it, if so the family will have a new goodnight bedtime routine.
Soy milk and honey and count sheep...nighty-night.
sleep good and good dreams yourself. ((((((((Fred))))))))
I've wondered about some of the same questions the others have raised. Please overlook structure. It's late and I'm somewhat tired. Just couldn't go to bed until I put this up for other opinions.
The Living Will terminology puzzles me a bit.
...my life should not be prolonged under the circumstances set forth below ....
(X) ...coma with no reasonable expectation
of regaining consciencious, or
(X) ...become in (PVS) ....etc.
...I direct the application of life sustaining procedures to my body:
(X) including nourishment and hydration.
I may be comprehending this incorrectly, Mae didn't mark the last choice to EXCLUDE. It seems to me that Mae was NOT directing it withheld or withdrawn or requesting she be permitted to die. And, in the absence of her ability to give directions, it is to be honored by family and physician. Whoever the guardian is, they should be bound as stated; even if Mae is unable to communicate her desires during her illness.
I could be wrong...I have been once or twice in life (LOL) Will all the more knowledgeable clairfy this for me 8;(
I then noticed her assets were stated as $7,400 (est). That total didn't reflect the $100K listed for the home in the listing, so I'd think it would be $107,400, not including any value of the unknown assets, possible insurance policies, etc. It could be of greater value. I feel like the '95 Chev Blazer is below market value; no idea as to book value. Just feel it is understated.
Adding the Personal Assets of $125,500 to the $107,400 Mae's estate as stated would be an est. $232,900. Beth being sole heir on her Will, would make me suspect her motives for all this "control" and the fight to remain guardian. I would think with this as a possibility and the fact that Mae was concerned Beth was mismanaging her monies, an investigation would be justified to determine Beth's ability to remain as her guardian. I'd think there would be a definate conflict of interests.
I'd think that Ken and Mae's siblings could raise that question and possibly petition for new guardianship and have a mutually appointed independent GAL.
I'm just happy she is receiving proper medical care and is back on the road to good health. You all have done a wonderful job helping to bring this about. I wish her many wonderful years ahead. Keep the faith !
Look forward to your thoughts.
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LOL!
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LOL!
"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!"
Rather than post the original fax, someone tried to use a text reader to convert the fax, a graphic Tiff, file to text. Didn't work very well.
"I am converting it again into a web page format"
Why not just post the fax?
"BS people can live in a hospice forever."
This particular Hospice is part of a much larger medical system and appears to be physically located in the hospital...there was all manner of medical abilities available.
Judge Boyd "It concerns me that people and so-called news agencies will print things that are not true or half-true and not bother to seek the truth. Please consider this in the future before you jump to conclusions you need to verify the story."
Some who attempt to "not jump to conclusions" are disruptors. LOL
"The court ordered that the three doctors evaluate Mae Magouirk within 24 hours (or as soon as possible) as time was of the essence."
Funny how the ASAP part got left out of all the accusations?
To be clear the report says "some" not all have engaged in questionable practices. This report was written almost 10 years ago.
Think it's true today in light of the possible lost of revenue from the gov't for non-compliance?
In the instance of Terri's Hospice, some of the questionalble billings that Medicare recieved were as a result of the actions by Aetna and their insurance practices not necessarily the Hospice.
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