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The Terry Schiavo Legacy

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Balladeer
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0 posted 04-08-2005 06:17 PM       View Profile for Balladeer   Email Balladeer   Edit/Delete Message      Find Poems   Click to visit Balladeer's Home Page   View IP for Balladeer

http://www.wnd.com/news/article.asp?ARTICLE_ID=43688

In a nutshell, an 81 year old woman, not comatose or in a vegetative state nor with any life-threatening conditions and WITH a living will is being starved to death at the hospice under the instructions of her granddaughter. In the words of the granddaughter....

"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?

She actually got a judge to agree with her. Why doesn't that surprise me?


Welcome to the brave new world.....
Juju
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1 posted 04-08-2005 06:26 PM       View Profile for Juju   Email Juju   Edit/Delete Message      Find Poems   Click to visit Juju's Home Page   View IP for Juju

That is sick and there is actually something wrong with that. I hope she gets cut out of the will. psycho.


Juju
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2 posted 04-08-2005 06:27 PM       View Profile for Not A Poet   Email Not A Poet   Edit/Delete Message      Find Poems   Click to visit Not A Poet's Home Page   View IP for Not A Poet

God help us.
Sunshine
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3 posted 04-08-2005 06:37 PM       View Profile for Sunshine   Email Sunshine   Edit/Delete Message      Find Poems   Click to visit Sunshine's Home Page   View IP for Sunshine

Smiling at you...

I linked a version of that Story in on Denise's thread of "Outrage" as the flip side of the human coin.

Still...outrageous is exactly how is smells.

SEA
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4 posted 04-08-2005 07:46 PM       View Profile for SEA   Email SEA   Edit/Delete Message      Find Poems  View IP for SEA

buckle up folks...
Nightshade
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5 posted 04-08-2005 10:02 PM       View Profile for Nightshade   Email Nightshade   Edit/Delete Message      Find Poems   Click to visit Nightshade's Home Page   View IP for Nightshade

....it's going to be a bumpy ride.
          Lord help us and forgive us ... again.
Denise
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6 posted 04-08-2005 10:02 PM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

We now know what is going on out there. We can't claim ingnorance anymore. Our institutions of healing have been infiltrated with the 'quality of life' philosophy and it seems they have common connections (same board members) with the hospices they are affiliated with that are allowing these atrocities to happen, with the judges in their pockets who give it the official seal of legality.

I say it's time to raise a ruckus with all the schmucks in Washington. Either that, or we can roll over and allow the state mandated murders of the sick, elderly and disabled to continue.

Let's demand investigations of these hospitals, hospices, and judges. Let's insist that our Senators and Congressman do their jobs. They have to stand up against the judicial branch and hold them accountable for their roles in these things.

We have judicial tyranny because Congress and our leaders have allowed it for decades. Let's demand that they start doing their jobs by LEADING. Let's let them know that 'business as usual' is over. If they want to keep their jobs they are going to have to deserve their jobs.

Let's demand that the Justice Department continue its investigation into the medicaid fraud against Sun Coast Hospice, George Felos, and Michael Schiavo, for starters.

And you folks in Florida, please get on the Attorney General to launch and investigation into the blatant misconduct of George Greer. I lost count of the number of Florida statutes he violated against Terri Schiavo, and allowed her husband to violate, and in arriving at his Order of death. I know, the AG declined before to investigate, dating back to 2002, but with the spot light of the world on him now, maybe he will actually do something.

Perhaps some laws should be enacted forbidding the same members from serving on the boards of hospitals as well as their affiliated hospices.

And it's high time that the laws already on the books for the protection of the sick, elderly and disabled are obeyed, and not ignored by judges who are getting kickbacks from lawyers backed and funded by the ACLU.

Let's have Terri's Legacy be one of life and hope for the weakest among us.

The darkness has been exposed, and we are not powerless against it...unless we think we are.

Write and call your Senators and Representatives in your states and at the Federal level. If the majority of us do, they won't ignore us...if they want to keep their plush jobs, that is. Most of us will be old, sick, and/or disabled one day. Some of us already are. Don't let judges decide if you will live or die.

In the meantime, if you have to go to a hospital, go to a Catholic hospital. They won't deliberately knock you off. And if you have a living will, get it redone to take out all the vague language, like "condition" and "reasonable expectation", and state that you do want nutrition unless your body can no longer process it and you always want hydration, etc., (and be sure to retrieve all copies of the original one from your lawyer and physician when replacing it with the new one) or get a "Will to Live" document that doesn't use vague lawerly language that can be used against you and your loved ones some day.

Thanks Karilea, I saw that last night at WND too. It's not really the flip side though, is it? Just different family members. The granddaughter in this case = Michael Schiavo and the brother, sister, and nephew = the Schindlers, and the judge = the judge. Except she does have a living will, specifically stating that she wants food and hydration. And in this case the brother, sister, and nephew are the ones, under Georgia law, legally designated to speak for her. It seems whatever side is seeking death is the side that these judges seem to go with. Unbelievable.
Denise
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7 posted 04-08-2005 10:39 PM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

quote:
Wednesday, April 6
Revealing the Hidden Agenda: Checkbook Euthanasia

Q: How can you tell when a euthanasia advocate is telling the truth?

A: When he disgusts you even more than usually.

Consider biological psychologist Hal Herzog, writing in the Asheville, NC, Citizens-Times on the moral, social, and legal issues raised not by Terri Schindler Schiavo's imposed death, but by her inadequate care.

Noting that "most commentators...have ignored the troubling inescapable financial consequences of severe irreversible brain damage to affected families and to taxpayers," Herzog proceeds to make the same case for checkbook euthanasia that Professors Karl Binding and Erich Hoche raised in Germany's Weimar Republic some 80 years ago in their seminal work The Destruction of Life Devoid of Value.

"Here are the facts," Herzog ominously begins:
According to a 2002 report in the Journal of Neurology, Neurosurgery and Psychiatry, the frequency of persistent vegetative state in the United States is 64 to 140 per million people. Thus, somewhere between 538 and 1,176 North Carolinians are probably afflicted with this condition. At a cost of about $80,000 a year per person, this translates to an annual financial burden to the North Carolina health-care system of $43 million to $94 million—enough to hire between 1,500 and 3,500 additional public school teachers.

That last propaganda ploy, i.e., comparing the costs of caring for persons with disablities with the cost of funding productive laborers is right out of the euthanasia playbook. As Mark Mostert observes in the Fall 2002 issue of the Journal of Special Education:
In Binding and Hoche's terms, [the former] were "useless eaters" whose "ballast lives" could be tossed overboard to better balance the economic ship of state. In speaking of those with disabilities, and explicitly advocating involuntary euthanasia, Binding and Hoche wrote:
Their life is absolutely pointless, but they do not regard it as being unbearable. They are a terrible, heavy burden upon their relatives and society as a whole. Their death would not create even the smallest gap--except perhaps in the feelings of their mothers or loyal nurses.

Just like today!

Furthermore, Binding and Hoche drove home the economic argument by calculating the total cost expended in caring for such people. They concluded that this cost was "a massive capital in the form of foodstuffs, clothing and heating, which is being subtracted from the national product for entirely unproductive purposes."

As their disciple Herzog continues:
The life expectancy of a young adult in a persistent vegetative state is 11.5 years, making their lifetime health-care costs about $1 million. With a median family income of $38,000, few North Carolina families can bear this burden. Who should pay to keep people like Terri Schiavo alive?

Could this be why Judge George Greer ruled so consistently for Terri's eradication? After all, the Republican judge's conservatism was scarcely the compassionate sort.


http://cureltd.blogspot.com/
Brad
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8 posted 04-08-2005 11:14 PM       View Profile for Brad   Email Brad   Edit/Delete Message      Find Poems  View IP for Brad

This one just confuses me. I suspect there's more to this than what has been stated so far, but if this is all there is, isn't this a case of breaking the law?
Ron
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9 posted 04-09-2005 01:17 AM       View Profile for Ron   Email Ron   Edit/Delete Message      Find Poems   Click to visit Ron's Home Page   View IP for Ron

quote:
I suspect there's more to this than what has been stated so far ...

If I had to choose between trusting Judge Judy, my horoscope, or wnd.com, Brad, I honestly don't know which I'd take.

Fortunately, that's not a choice I have to make. Instead, I can choose to ignore all three.
Denise
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10 posted 04-09-2005 09:31 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

Yes, it is Brad. Numerous laws were also broken in order for Judge Greer to arrive at his decision.
Local Rebel
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11 posted 04-09-2005 09:58 AM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

First; when my father made out his living will his lawyer advised him that all the children needed to sign a contract agreeing to abide by his DNR decision.  It is what I would advise to anyone because any type of will can be contested in a court.  And, how likely is it that family members will ever agree on anything? And even though my father had a DNR will -- we still had to fight the hospital to get him moved into hospice care -- even though he was conscious and in his lucid moments was able to clearly say that he wanted to go home.

Second; this story may, or may not be accurate.  If so, it is certainly illegal and a miscarriage of justice.  While I have a difficult time believing that a hospice would accept a patient who was not terminal, or not provide comfort to a terminal patient, anything is possible and I don't discount the battle for the final bucks (which is why the hospital did not want to release my father to hospice).

Third; wnd.com has headlines today regarding this case (as lead), a baby being euthanized in Belgium, a story about living wills, stories criticizing the independent judiciary, a story linking the 'right to die' with the occult, stories of gay paranoia, political treatises on Iran, concern that men will be forced to do housework in Spain, a gossip piece wondering if Queen Nefertiti had an affair with Moses, -- but for some reason this 'Culture of (right wing) Life' propaganda  machine says nothing about the 11 children that will be killed by a gun in this country today or the 30,000 children who will starve to death around the world, TODAY! or Spiro Nikolouzos, or Sun Hudson.


Fourth; this case has no bearing to Terry Shiavo and is certainly not her legacy.  The precedent for having the right to die is Karen Ann Quinlan http://www.who2.com/karenannquinlan.html.
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12 posted 04-09-2005 10:02 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

quote:
Matt C. Abbott
Is Hospice Care Safe?
By Matt C. Abbott www.MichNews.com  
Mar 30, 2005

I received the following e-mail from Ron Panzer, president of Hospice Patients Alliance (hospicepatients.org/euth-center.html):



Right to life organizations have been out-maneuvered by the so-called right to die organizations.  How did this occur?  We have to look at the history of the right to die organizations and then the answer will be clear.

Before the Third Reich, before World War II, the eugenics and euthanasia advocates were quite active in the U.S.  The Euthanasia Society of America, formed in 1938 in New York, having failed in getting passage of laws legalizing euthanasia, changed its tactics.  Realizing that the sanctity of life ethic was alive and well in the U.S., they sought a way to chip away at the bedrock blocking their way.  Commissioning research to learn what phrases their dark agenda could be palatably sold to the American public, they came up with terms such as ‘choice in dying,’ ‘dying well,’ ‘the right to die’ and ‘patient choice.’

In the 1960s they changed their name to Choice in Dying, choosing to focus on incrementally advancing the euthanasia agenda.  Living wills, advanced directives, and do not resuscitate orders were successfully sold to the U.S. and accepted by the mainstream health care industry policymakers.

Simultaneous with the introduction of the living will and the advanced directives initiative, hospice care arrived on the scene, suggesting that we avoid aggressive acute hospital care when such interventions may be burdensome and intrusive for patients who are truly dying.  Providing compassionate care to the terminally ill, relieving their suffering while allowing a natural death in its own timing ... who could object?

What the public did not know is that the first hospice in our nation, the Connecticut Hospice, was founded by a major representative of the euthanasia movement, Florence Wald, MSN, who stated that assisted suicide should be available for just about any reason at all:

‘I'll tell you the way I see it, and I know that I differ from Cicely Saunders, who is very much against assisted suicide. I disagree with her view on the basis that there are cases in which either the pain or the debilitation the patient is experiencing is more than can be borne, whether it be economically, physically, emotionally, or socially. For this reason, I feel a range of options should be available to the patient, and this should include assisted suicide.’  (JAMA. 281; 1683-1685, May 12, 1999, Hospice Care in the United States: A Conversation with Florence S. Wald, M. J. Friedrich)

While many in hospice assert that they will neither hasten death nor prolong death, hospice staff around the country may misuse common end of life interventions to hasten death.  Terminal sedation, a common intervention to relieve severe agitation at the end of life, can be misapplied to place patients into a medically-induced coma from which they are not allowed to recover.  They die of dehydration while sleeping, thereby allowing for a ‘pretty’ and ‘peaceful,’ but unnatural death, i.e., murder.

Right to life organizations have traditionally viewed hospice as the rightful alternative to euthanasia and have ardently supported hospice services, and so they should, IF hospices remain loyal to the original hospice mission of the London-based Dame Cicely Saunders, the founder of the modern hospice movement.  But the euthanasia advocates have always known that hospice could be used as the back door to legalization of euthanasia and/or physician-assisted suicide.

And that is what has been occurring throughout the U.S.  We have families reporting their loved one was killed off outright within hospices, through inappropriate use of medications when there was no clinical need, resulting in the death of an otherwise non-dying patient.

…The euthanasia advocates have taken over the national policymaking circles of the entire hospice industry.  Doubt it?  Well, remember the Euthanasia Society of America?  It changed its name to Choice in Dying, which sounds great, but was clearly an early indication that the choice they really wanted to promote was the choice to have physician-assisted suicide and/or euthanasia.

Choice in Dying completed its mission, the nationwide acceptance of incremental changes in our attitude toward life, substituting a ‘quality of life’ ethic for the ‘sanctity of life’ ethic.  Having done its job, it looked forward to the next step: the direct control of the hospice industry.  Choice in Dying merged with the hospice industry coalition, Partnership for Caring, whose goal was the changing of state and federal laws to favor utilization of hospice.  Partnership for Caring merged with Last Acts, one of the largest hospice coalitions in the world, funded by the Robert Woods Johnson Foundation, to become Last Acts Partnership.  Many who have served as Last Acts Partnership's directors also serve on the National Hospice & Palliative Care Organization board.

For example, Mary Labyak, C.E.O. of the Hospice of the Florida Suncoast, served as secretary at the Partnership for Caring and is a prominent leader in the hospice industry, having served on the boards of Last Acts and the National Hospice & Palliative Care Organization.  It is Labyak's hospice, Hospice of the Florida Suncoast, which has actively participated in accepting a non-terminal patient, Terri Schiavo, into the hospice, for the express purpose of euthanizing the ‘unworthy of life’ victim, Terri Schiavo.

Those who think hospice is the safe alternative to open euthanasia have been outfoxed. The euthanasia society has run circles around the well-meaning but naive right to lifers. So whether euthanasia is legalized openly or ‘back-doored’ through hospice, euthanasia is here, and it has been here for a long time.  The National Right to Life Committee has known about the hospice killings for years, yet has refused to expose these killings.

Is the right-to-life groups' stance on hospice consistent with its professed opposition to euthanasia?  Only if it admits that the realities in hospice are mixed, and citizens of our nation need to remain vigilant in determining whether their loved one is receiving end of life care, or is receiving care that leads to the end of life at will, i.e., euthanasia.



---------------------------------------------
Matt C. Abbott is the former executive director of the Illinois Right to Life Committee and the former director of public affairs for the Chicago-based Pro-Life Action League. He is a Catholic journalist and commentator. He can be reached at mattcabbott@hotmail.com.

Copyright © MichNews.com. All Rights Reserved.

http://www.michnews.com/artman/publish/printer_7634.shtml



Denise
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13 posted 04-09-2005 10:10 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

The difference that I see, L.R., between Terri and Karen is that Karen wasn't starved to death. She lived for almost 10 years after her parents won their court battle to remove her from the respirator. She continued to receive nutrition and hydation until the end.

Terri was deprived of what we all need to live, food and water. That is the only cause of her death.
Local Rebel
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14 posted 04-09-2005 10:16 AM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

Certainly there are differences between Schiavo and Quinlan -- but Quinlan is the federal precedent for right to die cases.  There were no precedents established by Schiavo.
Denise
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15 posted 04-09-2005 10:29 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

What about a court order issued by a judge that a non-terminally ill patient SHALL be starved and dehydrated until dead, L.R.?

Greer did more than give permission to the guardian to deny food and hydration. He went far beyond that. The judge directly ordered that it SHALL be done, essentially overriding the guardian's authority.

As George Felos was ever so glad to inform us, it was taken out of Schiavo's hands and that even if the parents were to somehow gain custody at the 11th hour, Terri would still have to be starved to death, because the Judge had ordered that it SHALL be done, regardless of who has guardianship.

That seems like a mighty powerful precedent to me.
Denise
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16 posted 04-09-2005 10:40 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

Here is a local independent news source for those skeptical of WND.


quote:
Woman, 81, at center of feeding tube feud

Kenneth Mullinax, the patient’s nephew in Birmingham, Ala., said a hospice nurse told him that Magouirk had not received substantial nourishment since March 28. He wants a temporary feeding tube inserted until she can be evaluated for treatment at the University of Alabama Medical Center. A living will states that nourishment should be withheld only if she were in a coma or vegetative state with no hope of recovery.

Mullinax and the patient’s brother and sister – Lonnie Ruth Mullinax of Birmingham and A.B. McLeod of Anniston, Ala. – came here last Friday to arrange for a feeding tube and take her to the Birmingham hospital. That same day Gaddy received emergency guardianship in Troup County Probate Court.

At a follow-up hearing Monday, the parties reached a settlement that awarded guardianship to Gaddy provided three cardiologists – James Brennan and Thomas Gore, both of LaGrange, and Raed Aquel of Birmingham – evaluate the patient, who would receive whatever treatment two of the three recommended. A final decision had not yet been reached.

“They were all hugging necks when they left court,” said Probate Judge Donald Boyd. “I don’t know what happened.”

Boyd said Gaddy testified at the hearing that she feeds her grandmother Jello, chips of ice and “anything else she’d be willing to eat.”

“I think all of Mrs. Magouirk’s family has her genuine best interests at heart, but unfortunately they disagree on what they believe would be best for her,” said Jack Kirby of LaGrange, attorney for the patient’s brother and sister.

“She (Gaddy) said, ‘I think it’s time she (her grandmother) goes home to Jesus, that’s she’s too sick and would not have a good quality of life,” Kenneth Mullinax said.
His complaints have been posted on Internet Web logs that have been in overdrive since the Terri Schiavo case.

“All of the Terri Schiavo people have come to our rescue,” Mullinax said. “This thing’s going national.”

On Thursday, the Probate Office, West Georgia Health System and attorneys in the case were inundated with phone calls and e-mails.

“We need people surrounding that place (hospice), we need some activity,” one caller from Oregon told the Daily News, adding that she had called the governor’s office and attorneys in the case.
The probate office got an estimated 50 calls from people saying things like, “I understand y’all are murdering people in Troup County” and “You’re euthanizing people.”

“We’re taking the posture of refusing to deal with those people because they’re not representing the responsible parties,” said West Georgia Health System President Jerry Fulks. “We’re focusing on taking care of the patient and her family.”

Fulks said he could not comment on an individual patient, but the health system’s policy calls for nourishment and hydration for hospice patients, sometimes through a feeding tube because of throat cancer or some other condition that prevents the patient from swallowing.

He said there is a “reverence for life that our staff and our physicians and our volunteers all adhere to in doing the jobs they do.”

Mullinax said his aunt does not have a terminal condition, which is a requirement for admission to hospice.

Danny Daniel of LaGrange, the attorney for Gaddy and another grandchild, said doctors made the decision to admit Magourik into hospice.

Gaddy has been taking care of her grandmother for 10 years, he said.
“They’re following the doctors’ recommendations and they want to do what’s in the best interests of their grandmother,” Daniel said, adding that hospice is providing “excellent care” for Magourik, a widow with no children.

Gaddy could not be reached for comment.

“The doctors can make her very comfortable again and give her a normal life,” Mullinax said. “That’s all we want for Aunt Mae ... My aunt can’t live much longer without substantial fluids or nourishment.
“I want the world to know that at Hospice LaGrange you have people who are not terminal being denied nourishment as a matter of course. This national debate has reared its head in Troup County, Georgia. It’s the damndest thing I’ve ever seen.”

He said he will “pursue every available avenue” to get treatment for his aunt.
Joel Martin can be reached at jmartin@lagrangenews.
com or (706) 884-7311 ext. 235.

http://www.lagrangenews.com/new.php?StoryType=full


Also, notice in the story that the spokesperson for the granddaughter, (Gaddy), states that she was following the advice of the doctors. Why are doctors advising hospice for a non-terminally ill person? It's against the law. Does that matter?

Also, the hospice spokesperson states they are taking excellent care of Mae. How is that possible if they are not providing food and hydration to a non-terminally ill person?

And why haven't the three cardiologists made their recommendations yet, with a person slowly starving to death. Run out the clock until it is too late and make their decision a moot point?

And Gaddy's attorney misspoke about Mae not having any children. He should have said that she has no living children. She did have a son. Gaddy, afterall is Mae's granddaughter. She didn't just drop from the sky, I wouldn't imagine.

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17 posted 04-09-2005 10:42 AM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

If there were any precedents in Schiavo -- they are Florida precedents and have no bearing in Georgia.  
sweetcollege_girl
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18 posted 04-09-2005 10:43 AM       View Profile for sweetcollege_girl   Email sweetcollege_girl   Edit/Delete Message      Find Poems  View IP for sweetcollege_girl

This is outrageous, stupid, and totally confusing! If this grand-daughter wants her grandmother to die so much to stall someone who wants her to live, what is it that this world is coming to?! I just finished writing a paper over the ignorance of the world..if anyone watns to read it, let me know, and I will e-mail it to you..


My husband only has one thing to say, "A country that will kill a baby before it is born, will naturally kill an old person before they die"

~~SCG~~

sweetcollege_girl
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19 posted 04-09-2005 10:45 AM       View Profile for sweetcollege_girl   Email sweetcollege_girl   Edit/Delete Message      Find Poems  View IP for sweetcollege_girl

One more thing, Balladeer...You wouldn't happen to have read that book have you??? Brave New World that is? If so, that is the book I wrote my paper over...what a coinky-dink!

~~SCG~~

Denise
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20 posted 04-09-2005 10:55 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

L.R., I'll keep that in mind when I hear a State or Federal circuit or appellate judge cite the 'Bush v. Schiavo' decision when begging out of 'interfereing' to overturn a decision ordering someone to be starved and dehydrated to death by the next corrupt judge at the behest of 'guardians' and their attorneys bankrolled by the ACLU.
Denise
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21 posted 04-09-2005 11:15 AM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

You're husband is correct, SCG. And the elderly aren't the only targets of the pro-death euthanasia groups. They also target the sick and the disabled, anyone who isn't, or has no probability of becoming, a financial contributor to society, all those 'useless eaters'.
Denise
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22 posted 04-09-2005 12:19 PM       View Profile for Denise   Edit/Delete Message      Find Poems  View IP for Denise

quote:
When her siblings and nephew lodged a complaint with the hospice’s in-house attorney, Carol Todd on March 31, Todd checked Magouirk’s case file and discovered that Gaddy did not have the durable medical power of attorney required to make the decision to end her grandmother’s life. The attorney also ascertained that according to the woman’s living will, fluids and nourishment were only to be withheld if she was either comatose or vegetative. She is neither.

After learning that Magouirk was being starved to death and being told by attorney Todd that Gaddy did not have the proper legal authority and her act was against the living will in place, her family ordered that nutrition and hydration be restored to the woman as the law provided that her sister and brother were legally entitled to make all decisions. Todd was instructed by Mrs. Mullinax to insert fluids via an IV and insert a feeding tube via her nose.

The attorney had the IV fluids started that evening but told the family they would have to come to Hospice LaGrange to sign papers to have the feeding tube inserted because once it was done, she believed that Magouirk would no longer be a candidate for the hospice. However, she was not terminal initially and did not legally qualify for hospice admission.

Todd allegedly stated that the only reason that the woman was at the hospice was that LaGrange Hospital administration had failed to exercise due diligence in closely examining the power of attorney which Gaddy misrepresented that she had, as well as executing provisions of Mae’s living will to her preordained stipulations. Gaddy had only a financial power of attorney.

Georgia law requires that a hearing be held for emergency guardianship within three days of a request. While Magouirk’s family was detained at the hospice in a meeting with hospice attorney Todd April 4 to arrange for emergency air transport of Mae to the University of Alabama-Birmingham Medical Center, Gaddy was appearing before Troup County, Ga., Probate Judge Boyd who granted Gaddy emergency guardianship, giving her complete authority. Once empowered by the court to continue the killing of her grandmother, Gaddy ordered that Mae’s IV fluid tube be removed.

The judge reportedly favors granting Gaddy permanent guardianship which will allow her to starve her grandmother to death despite the wishes of her living will and the fact that she is not terminal, not comatose and not PVS.

According to Mullinex, Boyd would not allow the family attorney, Jack Kirby, to cross examine Magouirk’s attending physician to ask if he would agree that there are alternative treatments. Boyd reportedly called Mullinax’s charges false and said that all relatives agreed to let three doctors decide the fate of Magouirk.

Interested persons may contact hospice attorney Carol Todd at 706-882-1411; Probate Judge Donald Boyd at 706-883-1690, court case number Estate 138-05.



http://www.theempirejournal.com/409052_court_disregards_georgia.htm
Balladeer
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23 posted 04-09-2005 04:51 PM       View Profile for Balladeer   Email Balladeer   Edit/Delete Message      Find Poems   Click to visit Balladeer's Home Page   View IP for Balladeer

Anyone has the right to ignore anything. That's a human perrogative which serves little purpose but is easier on the mind.

LR, you may be right but two people not terminally ill, in hospice, having a judge declare they be starved to death...I would call that la little more than sheer coincidence and I would be very surprised if the granddaughter in the second was not influenced by the Schiavo case. I would also be surprised if the judge's ruling in the second case was not influenced by the decisions in the first case and the fact that no court, including the Superior, overturned them. That legacizes it enough for me (if that's a word)

Have I read Brave New World? Of course. Huxley was required reading in my high school..
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24 posted 04-09-2005 06:16 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

C'mon Deer.. you know Huxley wasn't even around when we were in high school...     

I was on a jury once in a civil dispute between the children of a man who had willed almost all of his estate to his daughter who had spent most of her life with him taking care of him when he had gotten older and naturally, disabled with time.  

His other children argued that the will was invalid, that the man was unduly influenced by the presence of the care-giving daughter.  They, themselves had offered no support during the course of the man's illness.  The jury deliberated the better part of the week.  I sided with the care-giving daughter because it seemed appropriate that she had forfeited much of her time that she could have spent developing a career or a family of her own in his service.  Not to mention that it was what the man put down on paper.  Ultimately we declared the will valid.

On the other hand I had a brother-in-law who moved back into his parents house when he was 40.  He had never been able to hold a decent job and continued on that path after returning home only working odd jobs here and there if he worked at all.  Mostly he drew food stamps and lived in the house his father had paid for.  He was a belligerent, irascible, and disrespectful son who antagonized his mother until her death, and then he stayed there for ten more years until his father died.  He did very little work around the house and performed only minute tasks of 'care' giving -- such as cooking (but only if he wasn't mad at his father who was on oxygen from having congestive heart failure and emphysema).  

He was there.  He'd spent a considerable amount of his time that he could have developing a career or family of his own.

Circumstances are always different.  That's why we have a system where it is up to courts to adjudicate what the response of the law should be in specific cases -- but even so -- it has to be done in such a way as to be applicable to other cases.  I note the decision is not yet final in this case -- and that we have very little information about the circumstances this family faces.

In the Schiavo case -- if the Congress had exercised it's proper authority - as enumerated to it by the separation of powers granted in the Constitution -- it would have written it's bill in such a way as to ask the Federal Courts -- what is the role of the Federal Government in cases where families don't agree on the care to be given to a sick or injured relative?  If they would have done that, instead of asking for a de novo   hearing -- it wouldn't have been rejected as it passed its way (back) up through the courts.  They were smart enough to know that too.  Had they done it -- then we would have a decision and precedent to guide the judge in this case.  Yet one more failing of a grand-standing political class.
 
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