Judge Boyd Writes BlogsforTerri

I'm reproducing Judge Boyd's letter regarding Mae Magouirk in full. I won't add commetary other than to point the reader to my prior assertions here, Richard's commentary and the actual court order with related comments here.

Judge Boyd's Letter:

I am Probate Judge Donald W. Boyd and I am about to tell you the real story. On March 31, 2005 one of the grand children of Mae Magouirk called me very upset saying that the brother and sister and cousin(mullinax) were threatening to remove Ms Magouirk from Hospice and they were afraid of what would happen to Ms Magouirk if this was attempted. I asked if they had medical power of attorney and they stated, (we thought we did but have found out we have not) I told them the only way they could make decisions was to become her guardians. On Friday, April 1, 2005, I came to work at 8:00 am and Beth Gaddy and her brother along with their attorney (Danny Daniel)were waiting for us to open and explained the situation and after hearing the explanation from the grand children and the attorney I felt someone should be appointed Temporary Emergency Guardian until we could have a hearing and determine who that person should be. The grand children and their attorney filed a petition for emergency guardianship of a gravely incapacitated adult. I ordered that Beth Gaddy become Temporary Emergency Guardian until we could hold a hearing to see who the permanent guardian would be. I scheduled a hearing to be held on Monday, April 4, 2005 at 9:00am.

Monday-April 4, 2005 at 8:00 AM I received a petition from the brother and sister and their attorney(Kirby).The brother and sister filed a petition to become guardian and a petition objecting to the appointment of Beth Gaddy as emergency guardian.

Monday April 4, 2005 the hearing began at 9:10 am with ALL parties present, except Ora Mae Magouirk. She was represented by attorney (guardian ad-litem) James Thornton.

After hearing the opening statements and about 2 hrs of testimony the attorney for the brother and sister requested a break. We adjourned for a 15 minute break and was to start the hearing back at 11:15 am. When I came from my office back to the hearing, ALL the attorneys and some of the family members informed me that they had a possible settlement agreement and wanted a few more minutes. The attorneys came in a few minutes later and announced they had an agreement.

The attorney for the brother and sister proposed to the court that they would withdraw their petition to become guardians and would withdraw their objection to Beth Gaddy becoming guardian and would consent to appointing Beth Gaddy as guardian, provided that she would agree to follow the medical advice recommended by and agreed upon by 2 of three doctors (all heart specialists). The 3 Doctors were named and agreed to by all parties. The court ordered that the three doctors evaluate Mae Magouirk within 24 hours (or as soon as possible) as time was of the essence. The court told ALL parties they were not to have contact with any of the doctors to try and influence their decision. Everyone agreed and the family was laughing and hugging one another and I thought everything had been worked and I felt the right decision had been made and I thought it was great that the family made that decision and I didn't have to. The attorney for the brother and sister, Jack Kirby, drew the order up for the Court.

Then on Thursday all of these half-truths and lies started across the
internet started by Mr. Kenneth Mullinax. I have nothing pending in my court and I had nothing pending in my court, yet I have been accused of starving a grandmother, murder, called everything in the book and all I want is to get the truth out.

I am answering any e-mails as fast as I can and I have not refused to talk with anyone. I called a news conference to explain my side. I will talk to anyone, anywhere, anytime about this matter.

It concerns me that people and so-called news agencies will print things that are not true or half-true and not bother to seek the truth. Please consider this in the future before you jump to conclusions you need to verify the story.

Regards,
Probate Judge Donald W. Boyd
Donald W. Boyd




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