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Judge Grants Man Time In Wife's Guardianship Case

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

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By SHERRI ACKERMAN | The Tampa Tribune

Published: October 29, 2008

Updated: 10/29/2008 04:32 pm

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.

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