Court ruling in Mae's case

Straight Up with Sherri posts excerpts from court documents on Mae's situation. She also provides a link to a PDF copy of the documents. The excerpts below are from the petition by Mae's family to get her transferred to a hospital for care:

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.