I just don't understand why the law about next of kin wasn't followed. What's the point in spelling these relationships out if they can be so easily circumvented?
Mae's brother and sister were fully capable of acting as guardians.
Good question.
The court was blindsided on Friday the 1st. It only had Gaddy's side (with help from hospice-biased cousel) of the issue in front of it. The court assumes the guardian will act in the patient's best interests. "Patient's best interests" is a legal term of art that is construed to favor medical treatment, UNLESS the patient has made a clear and convincing statement to the contrary. That is, "best interests of the patient" is not "better off dead," as a matter of law.
The circumvention here has not been completed, and as far as I know, guardianship still lies with Gaddy. However, the guardian is bound to adhere to doctor's orders, where the doctors are biased toward treating Mae and giving her a physically comfortable life. I am pretty sure Gaddy will be out as guardian at some point in the future.