Mae Magourik is an eighty-one year old woman who was placed in hospice by her granddaughter. The granddaughter ordered that Mrs. Magourik be deprived hydration and nutrition. Ms. Magourik has a living will requiring that she not be deprived of hydration and nutrition unless she is comatose or in a vegetative state. She’s neither. She, apparently, also has not been certified as terminal (meaning that her life expectancy is six months or less). Thus, if she is receiving Medicare, the hospice is in violation of Federal laws against defrauding the government.
Further, the granddaughter did not have a healthcare power of attorney–though she misrepresented this fact to the Hospital and the rest of the family. She provided the Hospice with a financial power of attorney–and the Hospice acted at her direction in contravention of federal and state law. I say that because, under Georgia law, the siblings have precedence over the granddaughter for making health care decisions.
The siblings and nephew discovered her ruse when the attorney for the Hospice looked at the file and discovered that the paperwork did not allow the granddaughter to make treatement decisions. The family traveled to Georgia to remove Mrs. Magouirk from the hospice in order to get treatment for her in Alabama. Also, the hospice would not insert a feeding tube until the family signed some paperwork. While the family was waiting for the attorney to arrive with the paperwork, the granddaughter went to the local probate judge and obtained emergency guardianship and a temporary restraining order preventing the family from moving Mae from the hospice.
The above facts can be found here, here and here.
As I’ve said before, I represent long term care providers. There are many people in nursing homes who have never signed powers of attorney. They are admitted, often with dementia but no legal ruling of incompetency. The responsible party (often children or siblings or other relatives) make treatment decisions or proxie decisions about advance directives. Guardianships are rarely obtained because they are expensive to obtain and maintain. Sometimes nursing homes can’t even find a family member willing to take on the responsibility of making treatment decisions. This leaves decisions about treatment and DNR orders in the hands of physicians.
When Michael Schiavo attempted to downplay the significance of withdrawing tube feedings by saying this is a common occurrence–he is correct. It is happening in health facilities throughout the country. Until Terri Schiavo, it was hidden.
Many in the health care profession think nothing of it. They have been trained in darwinistic pragmatism which holds the reductionist view that there is no value in life beyond the physical. If the physical is impaired–there is no quality of life in their view.
According to a commenter at the Anchoress, the local La Grange reporter in Georgia, Joe Martin, is laughing at those who call him asking that he dig deeper into the story about Mae. He is claiming that this is a “family matter.”
Do not be fooled by the claim that treatment decisions are just “family matters.” This is propaganda designed to cover those in the health care profession who desire autonomy to practice in a way that would horrify most of us if it were out in the open:
“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.“
The reality of confining decisions like this to “the family”, is to subject grieving families to the manipulation of health providers who hold beliefs about “the quality of life.” It allows family members with unscrupulous motives and conflicts of interest to disregard the right to life of individuals–even in cases where there is a living will or advance directive requiring treatment.
Our government was designed to protect the rights of our citizens. We would not define a Muslim family’s desire to perpetuate an “honor killing” on its children as a “family matter.” We would not let a family discipline its children by causing serious bodily harm and term it a “family matter.” We would not let a husband beat his wife to death and call it a “family matter”.
Starving and thirsting a grandmother to death is not a “family matter”. It is a matter for our legislatures to address. This time, they need to get it right. Hydration and Nutrition should not be defined as “medical treatment”. Health providers should not have such total control over the health policies of our government. We need to loosen their grip.