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.
Oh, another thought. If Gaddy is really a skunk, she may have told the judge that she is the only living relative. Who knows. But if the hospice stalled Mae's sister while Gaddy went to the judge, whoa. Unethical. Still legal though. Perfectly legal.
As you can see in the GA statute, grandkids are not considered competent to make medical decisions for their grandparents, unless the grandparent expressly gives them the power, or unless a court gives the grandkid the power. In this case, it is a court-granted power.
It would almost seem imperative that a course of treatment would by definition depend on the prognosis of the patient, ergo the terminal nature of Mae's illness.
Perhaps Gaddy made the case that she was a de facto guardian for 10 years, but in any case, the issue of ex-parte is moot and was overridden by the Monday hearing involving all parties. Now WND has added much more information which seems to mitigate the horrors of its original release, including the judges order to Gaddy to ensure all proper nutrition and hydration for Mae.
So I presume a cheap insult where none was given you is your response to a thoughtful post?----yes.
Gaddy in fact holds a written POA.
As for mitigating the horrors of the initial release, the nephew is reported to have sent an e-mail after the Monday hearing (which included the order to provide "all proper nutrtion"), wherein he asserts that Mae is not intubated, adn therefore is not receiving an amount of nutrition that will sustain her life. "Proper nutition" is different for a terminal patient, than it is for a healthy body.
It is puzzling. Why would the nephew or Mae's sister be upset in the least? Unless they think that Mae's life is being shortened. But, as we know, shortening of innocent life is perfectly legal, as long as the paperwork is in order.
You will be proven wrong.........
Where in the world do people like you come from///////////
Well, we all communicate on a level consistent with our abilities and comfort level.
Find a life............... or get a life.
You are clueless...... or soulless.
I don't know the answer to that, but some on FR have looked into Ken Mullinax and have questions about his politics. Frequently in these kinds of issues, there is no good guy/bad guy. It may turn out that this also is such a case.
I don't think so, but I can understand how you might reach that conclusion. I used the report to illustrate that "best interests" is subjective, without meaning to accord accuracy to any side.
Good!!!! If that is true!
Yeah. I read that too. My comment on that is that it is possible to both be a "vile DEM operative" and be concerned that your Aunt Mae's life is being improperly shortened. THose who bring his politcal status into a discussion of the reports of his Aunt's health, etc. are not clarifying the discussion of his aunt's health.
As for being neutral in this case, no good/bad guy, I suspect this family is fractured regardless of how long Mae lives. Mae's sister is stressed out, as is Ken, so "something" is going on, and that "something" isn't good.
My sentiments happen to coincide more with Ken than with Gaddy. My principles are pretty clear if you read my posting history on this and the Shiavo cases.
Schools where critical thinking is taught.
What's wrong, can't answer the question?
Again, why not just answer the questions posed. Maybe it's time for your mom and dad to cut off your computer priveleges. When you mix with adults, you need to act like an adult. oh, BTW, you might want to read the latest information from your great WND, which now appears to begin telling the real story.
You have no sense in this matter, imo.
I hope this turns out well for Mae, and that it is much ado about nothing.
Anyone who acts against a relative's living will should automatically forfeit any part of the estate left by that relative, should they die as a result.
Cambodia had its killing fields, and the US has its hospices. What a grisley business the death mongers run!
What may prove interesting is the extent of help Mullinax has provided over say the last ten years, when it appeared that Gaddy was her support mechanism. Also note that Mae's sister aligned herself with Gaddy in the guardianship issue with the judge.
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.