Straight Up with Sherri

Monday, April 11, 2005

32 Page Court Ruling by Judge Boyd on Miss Mae

Thanks to the combined efforts of Ron Panzer Pres/Founder Hospice Patients Alliance, Sally Vee, and Sarah D., here is a link to the court order.


Page 20-23 of the court document:

2.) Ora Mae Magouirk has requested that her brother, A. B. McLeod, her sister, Lonnie Ruth McLeod Mullinax and her nephew Kenneth Gordon Mullinax Jr. assist her in obtaining treatment for her medical condition at UAB Hospital in Birmingham, AL. Ms. Mullinax has been successfully treated for the same condition at UAB.

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."

4.) Ms. Magouirk has a living will that provides that she is not to be denied nourishment unless she is comatose or PVS. The petitioner does not have Ms. Magouirk's medical POA, nonwithstanding, she has claimed to have the legal authority to direct Ms. Magouirk's medical treatment, and has instructed the W. GA Hospice caregivers to withhold nourishment, contrary to the explicit terms of Ms. Magouirk's living will.

5.) In addition, Ms. Magouirk has made the following statements which indicate that the petitioner is not acting in her (Ms. Magouirk's) best interests:

(a.) "Buddy, I have discovered that Beth (Elizabeth A. Gaddy) is writing unnauthorized checks on my account. I just can't trust her anymore at all. Would you please get with me and tell me what I need to do to have her removed from doing this. Also, I want to replace Beth and appoint you (Buddy) to have my POA and to act on my behalf if I get sick."

(b.) "Lonnie, I am scared Beth is stealing money from my checking account. I have told Buddy already and ask him to please help me remove her from being able to do it. If you feel it's OK, I want to appoint Buddy as my guardian."

(c.) "Kenny, Beth is trying to make me give my car to Pat (Elizabeth A. Gaddy's mother) and I don't want to do this because I need it so my woman (her daily housekeeper) can take me to the beauty shop and my appointments. I told her no but she keeps bothering me about it and she's now treating me real mean. Charlie (Mae Magouirk's deceased husband) and I bought Pat the house she lives in and even pay the property taxes on it. I would think that is enough, but now this. What should I do?"

6.)The objectors arranged to have Ms. Magouirk transferred to UAB Hospital via life flight to be treated by a cardiologist who has successfully treated malady from which Ms. Magouirk suffers. the petitioner discovered the objectors' plans to have Ms. Magouirk transferred to Birmingham for medical treatment, and applied for the within emergency guardianship in an attempt to gain the authority to prevent objectors from abtaining medical treatment for Ms. Magouirk.

7.)The objectors agree that Ms. Magouirk is in need of an emergency guardian so that she can obtain the needed medical care, but show that the petitioner would deny Ms. Magouirk the medical attention she needs, and is therefore not a fit and proper person to serve as guardian.

BE SURE TO READ IT ALL!

13 Comments:

  • There are two other grandchildren residing in LaGrange besides Beth Gaddy. They seem to want no part in the controversy. They are presumably siblings of Beth.

    By Blogger levi from queens, at 10:12 PM  

  • This story has more twists and turns than a TV movie. I am glad friends of Terri and people like Sherri are right there to help.

    By Blogger Alnot, at 10:18 PM  

  • Sherri,

    It's important to note that these statements are not actually part of Judge Boyd's ruling. Rather these come from a petition from the Mullinax side of the family. Unless these statments could be corroborated, they likely wouldn't stand up to objection. Leagally, this amounts to nothing more than hearsay.

    We still haven't gotten to the bottom of this story. And I suspect we won't know anything for sure until we hear from Gaddy.

    By Anonymous Tammy, at 12:03 PM  

  • Tammy -- the statements at point 3 are not hearsay -- and would stand up to objection. They are not offered for the truth value of the statements (as the Mullinax's obviously believe they are false) -- but simply as evidence of what Beth has said. Those at point 4 are hearsay. I am not sure of any exceptions to the rule for them, but there might be something in the idea that Ms. Gaddu has contributed to Mae's unconsciousness -- this is past my expertise.

    By Blogger levi from queens, at 12:54 PM  

  • Thanks, levi. You seem to know more about this than I do. Would you agree that Sherri has it wrong to link to this document as a "Court Ruling," since the case was settled?

    We don't actually know whether these statements (including the "Grandmama wants to go to heaven" quote) came up in the hearing. It's important that we know exactly who said what and when. There is a lot of doubt flying around right now.

    By Anonymous Tammy, at 2:11 PM  

  • Tammy -- the statements posted by Sherri are not a part of the ruling, just a part of Objector's (the Mullinax's) submission. Sherri only said they were a court document-- not the actual ruling. The actual ruling is here at pages 1-4, but pages 5, 7, and 8 are also court orders signed by Judge Boyd. Other pages are just submissions from parties which were considered by the Judge. Note that Judge Boyd (or somebody else) underlined the word "fed" on page 5.

    By Blogger levi from queens, at 2:23 PM  

  • The statements excerpted by Sherri are part of the petition filed by the attorney for the siblings. These statements are the allegations upon which the siblings based their argument that Beth should not be appointed guardian and why one of them should be.

    They are part of what is called the court "transcript."

    What I would really like to see is Beth's Motion for TRO and emergency guardianship and any affidavits which may be attached. These will tell us what her representations to the court were.

    By Blogger Sue Bob, at 5:28 PM  

  • Sue Bob

    I plan to have those in my hand tomorrow!

    and more!

    Tammy

    Would you agree that Sherri has it wrong to link to this document as a "Court Ruling," since the case was settled?

    Are you saying that because the case was settled then it is no longer a ruling?

    I thought until a case IS settled there is not a ruling. The RULING means it IS settled?

    But then again- what do I know-- I guess judgres just issue RULINGS in the middle of the case?

    Since there is MORE to the document then JUST the Court RUling- you would fare better nipping at my heels for THAT...

    WOuld it make you happey if I named the link

    COURT RULING (AND MORE)?

    Doubt it....

    By Blogger Straight Up with Sherri, at 5:45 PM  

  • And before we nipp my heels for the typos-- LOL!

    I KNOW IKNOW!

    I still need an editor!!

    By Blogger Straight Up with Sherri, at 5:53 PM  

  • You have only yourself to blame -- not the lack of an editor. Here's a novel idea: learn from the mistakes you make instead of repeating them over and over.

    It's obvious you don't even read your own material before you post it.

    By Anonymous Anonymous, at 6:40 PM  

  • Anon,

    LOL! WOW!

    SO you have never mispelled the same word more than once? I HAVE!

    So yu have never had typos, more than once? I HAVE!


    Oh- and actually- I do blame myself! I also admit needing an editor- not sure if you know this, but MOST writers do have editors...
    It's okay to dream, and wish I had one...

    As RWNJ puts it- It's part of my charm...

    Not so cahrming to you, I see, but that's okay- I am certainly not everyone's cup of tea... but I am comfortable with that..

    By Blogger Straight Up with Sherri, at 8:09 PM  

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