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***
We are currently enjoying VeggieTales for bedtime movie. Usually we are long gone to bed, but Nana is here from North Carolina and the whole routine is SHOT!!
Ken was calm, earnest, polite, factual, and rational.
He did not interrupt anyone or appear angry or belligerent at all. He appeared a bit upset at the pain this situation was causing his mother and the harm it was doing to her health, but he did not lose control of his emotions. You could sense that he was dire and worried but was forcing himself to remain calm.
That's the way I saw it.
If Mae is awake and lucid, I really wonder what Gaddy might be telling her (if Gaddy's even there, UAB is like 3 hours away from where Gaddy lives and works, right?).
The "poor nephew" is the only person who heard the granddaughter Gaddy say that "Grandma wants to die, she wants to go home to Jesus." Hannity questioned him as if he didn't believe him.
I don't believe him.
Can you just picture miss Mae in her kitchen baking cookies and dispensing hugs? She looks like exactly who I would picture in my
imagination.
Did you believe michael schiavo?
Mae's estate is already going to her daughter and then to beth and her brother. That is already established.
Love seems to be the motive here. Not money. Except for beth.
Mae has a daughter? I missed this.
No, daughter in law.
Yes. The heart condition. She is only out of immediate danger say her doctors, new and old. Since Mae is not a candidate for surgery, that renders her aorta dissection as inoperable and probably fatal. I know the sister is being treated by the same doc and Mullinax claims that Dr. Aqel can treat the condition without surgery. Yet surgery seems planned for the sister if she hits a level 6 distress level which is critical. So surgery is a life saving procedure that Mae cannot benefit from.
Mae is 7 years older than her sister and already suffering advanced effects of the hereditary condition. In my book she's terminal. Not saying that I would deny her life support based solely on her heart condition.
Incidentally, it doesn't seem that "terminal" is a medical term. The only definition I find for "Terminal illness" is "When you get sick at the airport," from the Redneck Medical Guide.
Miss Mae is 'everybody's' mother. What almost happened to her can happen to every one of us. There I go again, speaking as if I lived in the US, which I don't, I am an Australian. It just can't happen here. From personal experience both as the widow of a medical practitioner and the admittance of aged relatives to a nursing home where the patients are cared for right until their last moments, all I can offer is the suggestion that the US must change its entire system of medical care. Starting with the paperwork, the very wording of 'Living Wills' which appear to be designed to deliberately confuse and result in nothing less than the death of the person who signs a document that they believe expresses their wishes, and literally sentence themselves to death by starvation.
From what I have gathered of the Terri Schiavo saga, and now the sad Miss May story, death has become an industry in the US and the legal system is complicit.
'Guardianship' has become a mockery of the term - it's no longer an instrument that guarntees the best interest of the 'guarded' - Guardianship appears to have become a fast-track toward inheritance.
Atotrney Gibbs speaks out on Mae!
http://www.prolifeblogs.com/
You didn't read the court documents. This is from Lonnie and Buddy's objection to Gaddy being Mae's guardian:
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."
[This is the 2nd time I've had to post this info on this thread, and others have posted it here too. How much more bandwidth are we going to have to waste posting the same facts over and over again?]
If you'll look very carefully, you will see that this objection was made by both Lonnie and Buddy, NOT Ken. Although, Ken claims that he too was present when Gaddy made some of these statements; other family members also claim to have heard Gaddy say these things.
I feel a little dense here. I can't find the Gibbs statement on the link. Could you tell me where to look?
I don't like this. Any of it. Families turning against each other. People feeling like they need to write out every medical directive possible because they can't trust the people that love them to do what they wish.
I hate to think that I couldn't trust my hubby to make good decisions for me.
This is just my opinion but I think part of the problem is we expect too much from doctors. We look to them for all our medical questions and the doctors feel pressured to give definant diagnosis when that is almost impossible. Not everone is goin to react to treatment the same way. And the average person hearing medical terminology hang on every word the doctors say because we as the public are intimidated by what we don't understand.
OH MY GOSH!
They took it down!
Wonder what happened???
I'll have to check with Tim and see what's up-- THAT IS WIERD!
SOrry about that!
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