Posted on 04/07/2005 5:34:06 PM PDT by News Hunter
Edited on 04/07/2005 5:39:05 PM PDT by Sidebar Moderator. [history]
In a situation recalling the recent death of Terri Schindler-Schiavo in Florida, an 81-year-old widow, denied nourishment and fluids for nearly two weeks, is clinging to life in a hospice in LaGrange, Ga., while her immediate family fights desperately to save her life before she dies of starvation and dehydration.
Mae Magouirk was neither terminally ill, comatose nor in a "vegetative state," when Hospice-LaGrange accepted her as a patient about two weeks ago upon the request of her granddaughter, Beth Gaddy, 36, an elementary school teacher.Also upon Gaddy's request and without prior legal authority, since March 28 Hospice-LaGrange has denied Magouirk normal nourishment or fluids via a feeding tube through her nose or fluids via an IV. She has been kept sedated with morphine and ativan, a powerful tranquillizer.
Her nephew, Ken Mullinax, told WorldNetDaily that although Magouirk is given morphine and ativan, she has not received any medication to keep her eyes lubricated during her forced dehydration.
"They haven't given her anything like that for two weeks," said Mullinax. "She can't produce tears."
The dehydration is being done in defiance of Magouirk's specific wishes, which she set down in a "living will," and without agreement of her closest living next-of-kin, two siblings and a nephew: A. Byron McLeod, 64, of Anniston, Ga.; Ruth Mullinax, 74, of Birmingham, Ala.; and Ruth Mullinax's son, Ken Mullinax.
Magouirk's husband and only child, a son, are both deceased.
In her living will, Magouirk stated that fluids and nourishment were to be withheld only if she were either comatose or "vegetative," and she is neither. Nor is she terminally ill, which is generally a requirement for admission to a hospice.
Magouirk lives alone in LaGrange, though because of glaucoma she relied on her granddaughter, Beth Gaddy, to bring her food and do errands.
Two weeks ago, Magouirk's aorta had a dissection, and she was hospitalized in the local LaGrange Hospital. Her aortic problem was determined to be severe, and she was admitted to the intensive care unit. At the time of her admission she was lucid and had never been diagnosed with dementia.
Claiming that she held Magouirk's power of attorney, Gaddy had her transferred to Hospice-LaGrange, a 16-bed unit owned by the same family that owns the hospital. Once at the hospice, Gaddy stated that she did not want her grandmother fed or given water.
"Grandmama is old and I think it is time she went home to Jesus," Gaddy told Magouirk's brother and nephew, McLeod and Ken Mullinax. "She has glaucoma and now this heart problem, and who would want to live with disabilities like these?"
Gaddy's telephone is not in operation and she could not be reached for comment.
According to Mullinax, his aunt's local cardiologist in LaGrange, Dr. James Brennan, and Dr. Raed Agel, a highly acclaimed cardiologist at the nationally renowned University of Alabama-Birmingham Medical Center, determined that her aortic dissection is contained and not life-threatening at the moment.
Mullinax also states that Gaddy did not hold power of attorney, a fact he learned from the hospice's in-house legal counsel, Carol Todd.
On March 31, Todd told Ruth and Ken Mullinax during a phone conversation Georgia law stipulated that Ruth Mullinax and her brother, A.B. McLeod, were entitled to make any and all decisions for Magouirk. Ruth Mullinax immediately told Todd to begin administering food and fluids through an IV and a nasal feeding tube.
Todd had the IV fluids started that evening, but informed the family that they would have to come to the hospice to sign papers to have the feeding tube inserted. Once that was done, Magouirk would not be able to stay at the hospice.
Ken Mullinax recalled that Todd said the only reason Magouirk was in the hospice in the first place was that the LaGrange Hospital had failed to exercise due diligence in closely examining the power of attorney Beth Gaddy said she had, as well as exercising the provisions of Magouirk's living will.
Todd explained that Gaddy had only a financial power of attorney, not a medical power of attorney, and Magouirk's living will carefully provided that a feeding tube and fluids should only be discontinued if she was comatose or in a "vegetative state" – and she was neither.
Gaddy, however, was not dissuaded. When Ken Mullinax and McLeod showed up at the hospice the following day, April 1, to meet with Todd and arrange emergency air transport for Magouirk's transfer to the University of Alabama-Birmingham Medical Center, Hospice-LaGrange stalled them while Gaddy went before Troup County, Ga., Probate Court Judge Donald W. Boyd and obtained an emergency guardianship over her grandmother.
Under the terms of his ruling, Gaddy was granted full and absolute authority over Magouirk, at least for the weekend. She took advantage of her judge-granted power by ordering her grandmother's feeding tube pulled out, just hours after it had been inserted.
Florida law requires that a hearing for an emergency guardianship must be held within three days of its request, and Magouirk's hearing was held April 4 before Judge Boyd. Apparently, he has not made a final ruling, but favors giving permanent guardianship power to Gaddy, who is anxious to end her grandmother's life.
Ron Panzer, president and founder of Hospice Patients Alliance, a patients' rights advocacy group based in Michigan, told WND that what is happening to Magouirk is not at all unusual.
"This is happening in hospices all over the country," he said. "Patients who are not dying – are not terminal – are admitted [to hospice] and the hospice will say they are terminally ill even if they're not. There are thousands of cases like this. Patients are given morphine and ativan to sedate them. If feeding is withheld, they die within 10 days to two weeks. It's really just a form of euthanasia."
Ken Mullinax does not want that to happen to his aunt. He pointed out that one of the ironies in this tragedy is that the now-helpless woman worked for years as a secretary for a prominent local cancer doctor.
"She devoted her whole life to helping those who heal others, and now she's being denied sustenance for life," he said.
Mullinax said he has begged Gaddy to let him take on full responsibility for his aunt's care.
"If she would just give us a chance to keep Aunt Mae alive, that's all we ask," he said. "They [Beth and her husband, Dennis Gaddy] have a family and Beth is a teacher, and it was just getting to be a lot of trouble. But I'm the caregiver for my mom, and Aunt Mae could move in with us. We'll buy another house with a bedroom and we'll take care of her. She can move in with us once she can leave the hospital."
But her health becomes more precarious by the hour. Her vital signs are still good, but since admission to hospice she has not been lucid – "but who would be since nourishment and fluids have been denied since March 28," Mullinax remarked.
Attorney Carol Todd could not be reached for comment; a message on her voicemail said she would not be gone the entire week of April 4. Hospice-LaGrange did not return phone calls.
Fair question. I don't know what any of us not connected with the case could do that Ken Mullinax couldn't do especially in the court system. But I would still love to hear the other side of the issue. I know time is probably not on Magouirk's side, but still not sure what can be done through the bloggers.
Fact checking from the article for which Mullinax seems to be the only source would help. Lots of questions, few answers. If as stated she is not terminal, then what is she doing in a hospice? If as stated she has a living will, then has the hospice operator been made aware of it? If she is lucid, then has she requested food or water? Has it been refused in spite of her request? What legal steps exist in the appeals process? Those would be starters.
Please point out where in my post I suggested that the federal government should tell the states how to qualify their judges.
That isn't perfectly clear either.
http://www.freerepublic.com/focus/f-news/1379537/posts?page=207#207
Following is the email message from Mae Magouirk's nephew Ken Mullinax sent to freeper Eeevil Conservative earlier this evening [April 7, I think]. Freepers have also spoken the the attorney representing Mrs. Magouirk's family who want her fed and hydrated. Check this thread. to confirm.Nothing is settled in this case until my Aunt Mae is given nourishment and fluids! This is far from settled and far from over. The doctors did not meet Monday...that is Bull! They finally spoke on Wednesday and again today AND STILL NOTHING IS SETTLED OR DECIDED BETWEEN THEM. Every day they vacillate, my Aunt Mae grows weaker and closer to death.
You are okay with two doctors going AGAINST YOUR WRITTEN WILL AND WISHES, and you call yourself a CONSERVATIVE????
Looks like we need some freeper judges! :)
I'd be against my meddlin' frickin nephew interferring with my wishes being carried out, too.
One thing I've learned being a conservative is just because WND says it's so, don't make it so.
I trust your friend reported the "private duty nurse" for murder.
Because if not, she's part of the problem.
The nephew is on the side of ensuring that his aunt's wishes are carried out by adhering to her living will.
Listen to the interview he did with Glenn Beck this morning - http://www.glennbeck.com/audio/free-audio.shtml
That fact that you continue to call the Terri Schiavo story a euthanasia case speaks to the ignorance I was talking about. It's either ignorance or a lie -- take your pick.
"Why don't you tell me/us?"
Like I said, I'm Terri'd out. But I'm still gonna read the posts. Say something outrageous on them and I'll be all over you like white on rice.
That statement was for the many freepers who can't wait for federal intervention, and there are many. The question as to the qualifications of the judge was raised by you (an out of state freeper) in a number of posts, and by many others. So in the interest of band width conservation, I answered everyone. If the shoe does not fit, great; my apologies.
BTW, it would appear that most Freepers here seem to have all of the legalities down pat. I'm sure they are not all qualified in the probate laws of Georgia, and even one or two may not have passed the bar.
I heard he's deaf AND blind!
And here's the weird part -- the judge used to play golf with a guy whose neighbor's second cousin worked with a woman who was the secretary for a guy whose sister once dated Judge Greer!
They're all in it together!
My thoughts exactly. The timing is awfully convenient. I do hate to be cynical, but . . .
Glenn Beck did say he was nervous putting that out there with no corroboration.
Two out of three? What is this, Vegas?
Nah, nah, nah. Using the Terri Schiavo case as a precedent, we need at least 17 doctors and 30+ judges. Anything less is a "rush to murder".
Slope is long gone and we are falling FAST
The only way to get this business in hand is to bring the JUDGE up on charges of consiracy to commit murder. Defrock nothing, these guys should be serving hard time.
This "story" looks as though it's going to work itself out (if you read ahead in the posts). People are already starting to backpedal.
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.