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Judge Grants Man Time In Wife's Guardianship Case
Tampa Tribune ^ | 10/29/08 | Sherri Ackerman

Posted on 11/01/2008 10:46:55 AM PDT by wagglebee

Photo from family

Robert Lavers says he and his wife Heather agreed that “Only God can stop your heart."

By SHERRI ACKERMAN | The Tampa Tribune

Published: October 29, 2008

Updated: 10/29/2008 04:32 pm

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Robert Lavers has another month to hone his arguments about why he shouldn't lose the right to decide how long his wife is kept alive.

An Ohio judge today granted Lavers' attorney 30 more days to prepare his case before hearing arguments on whether Lavers' sister-in-law will become his wife's legal guardian.

Heather Lavers has been in a persistent vegetative state since she had a heart attack and lost consciousness in her Tampa home about six weeks ago.

Her sister, a nurse at The Toledo Hospital, persuaded Robert Lavers to move his wife to the Ohio facility and assumed the role of temporary health surrogate. Now the sister, Heidi Kaczala, is fighting for guardianship, which would give her authority to make end-of-life decisions.

"I'm the natural guardian," said Robert Lavers, who has been married to Heather Lavers for 17 years. "This is a horrible distraction. I shouldn't have to be worrying about this while I'm trying to save Heather."

Kaczala considers her sister brain dead and likely would favor ending extraordinary life-sustaining measures, Lavers said.

His mother-in-law, Patricia Kaczala, disputes that claim.

"Nobody is doing anything but keeping her alive," Patricia Kaczala told the Tribune on Tuesday. "I want nothing more than to protect my daughter."

Robert Lavers' biggest fear is that his wife's situation will turn into something resembling the case of Terri Schiavo, a Florida woman who remained in a persistent vegetative state for 15 years as her husband and her parents waged a legal battle over ending her life.

Patricia Kaczala said her son-in-law can't provide the long-term care her daughter likely will need for the rest of her life.

He is disabled and unemployed, but Robert Lavers said he is participating in vocational training through the state so he can work from home when he and the couple's three children move from Gibsonton to Toledo this year. His wife is covered by Medicaid, he said.

A new hearing is set for Nov. 25.

By then, "I will have all the evidence I need," Robert Lavers said.

Meanwhile, he will focus on his wife's recovery. She was responsive last night, he said, with her eyes focused on him while he spoke to her.

"Her subconscious is showing more of her personality," Robert Lavers said. "She's doing a lot of Heather in her sleep state."

Toledo Blade reporter Julie M. McKinnon contributed to this report. Reporter Sherri Ackerman can be reached at (813) 259-7144.



TOPICS: Culture/Society; News/Current Events; US: Ohio
KEYWORDS: euthanasia; heatherlavers; moralabsolutes; prolife
More on the case here:

Guardianship Battle Begins In Schiavo-Like Case


1 posted on 11/01/2008 10:46:55 AM PDT by wagglebee
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To: cgk; Coleus; cpforlife.org; narses; 8mmMauser; Salvation

Pro-Life Ping


2 posted on 11/01/2008 10:47:34 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: 185JHP; 230FMJ; 50mm; 69ConvertibleFirebird; Aleighanne; Alexander Rubin; ...
Moral Absolutes Ping!

Freepmail wagglebee to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]


3 posted on 11/01/2008 10:48:00 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
I don't get it. The queers fight for the 'right' to be married so that they can have the same 'rights' as a married couple. What 'rights' does the husband have here? It looks like absent a piece of paper the married state means nothing. Very odd.
4 posted on 11/01/2008 10:52:29 AM PDT by narses (http://www.theobamadisaster.com/)
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To: All
Pinged from Terri Dailies


5 posted on 11/01/2008 11:00:28 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

This isn’t Schiavo-like—unless I’m missing something. The husband should be her undisputed guardian. The Schiavo case involved a HINO who had moved on with his life (new woman.. children).


6 posted on 11/01/2008 11:00:29 AM PDT by pgyanke (You have no "rights" that require an involuntary burden on another person. Period. - MrB)
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To: pgyanke
This isn’t Schiavo-like—unless I’m missing something. The husband should be her undisputed guardian. The Schiavo case involved a HINO who had moved on with his life (new woman.. children).

I'm well aware of that; however, I think this case may show just how the culture of death works, I expect them to try to use the exact opposite of the argument that they used with Terri.

7 posted on 11/01/2008 11:14:41 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

Heartbreaking.

May that good man be granted the custody (or whatever it’s called) that he should have.


8 posted on 11/01/2008 2:24:12 PM PDT by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: wagglebee
This is why you should sign a Durable Power of Attorney, NOT a Living Will. Pick someone you believe you can trust to have your best interests at heart, and appoint them as your agent for making medical decisions when you cannot do so. This way it SHOULDN'T be up to a court to decide who is your legal guardian.
9 posted on 11/01/2008 5:21:02 PM PDT by JoeFromSidney (My book is out. Read excerpts at http://www.thejusticecooperative.com)
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To: wagglebee

Uh, you can’t be in “persistent vegetative state” unless it is, uh, PERSISTENT...

medically this means three months at least; longer if there are psychotropic drugs that have been used (e.g. phenobarbital to stop brain swelling, seizure medicine to stop seizures, pain medicine for moaning, tranquillizers for shouting)....


10 posted on 11/02/2008 11:02:54 PM PST by LadyDoc (liberals only love politically correct poor people)
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