Man Granted Time In Wife's Guardianship Case

Robert Lavers has another month to hone arguments on why he shouldn't lose the right to make end-of-life decisions for his wife.

Heather Lavers, 38, of Gibsonton, has been in a persistent vegetative state since she suffered a cardiac arrest and lost consciousness in her Gibsonton home about six weeks ago.

Her sister, a nurse at The Toledo Hospital, persuaded Robert Lavers to move his wife from Tampa General Hospital to the Ohio facility last month 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.

Robert Lavers' attorney filed a motion Wednesday challenging Kaczala's request, saying she has no jurisdiction for such a request. A probate court magistrate set a new hearing for Nov. 25.

Kaczala already can make routine medical decisions on her sister's behalf and in her brother-in-law's absence.

"So why a guardianship?" asked Joel Kirkpatrick, a Farmington Hills, Mich., lawyer who was referred to the Laverses' case through the Alliance Defense Fund. The conservative Christian organization specializes in defending people on causes including religious freedom and sanctity of life.

Robert and Heather Lavers have been married for 17 years. As her husband, Robert is Heather's natural guardian, the person to make medical and legal decisions on her behalf and in the absence of a living will.

Kaczala considers her sister brain-dead and likely would favor ending extraordinary life-sustaining measures, Lavers said. But Kaczala's and Heather's mother, Patricia Kaczala, has said there is no such plan to let Heather die.

"We're not alleging that at this stage, but it is a concern," Kirkpatrick said.

One of Robert Lavers' worst fears is that his wife's situation will turn into something resembling the case of Terri Schiavo, a Tampa Bay area 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.

"That might be putting the cart before the horse," Kirkpatrick said. "The family has assured us they're not interested in that."

Lavers has set up a trust fund account in his wife's name for travel, legal and medical/therapy expenses. Those who want to help with a donation should call Bank of America customer service at 1-800-432-1000 for information.