Guardianship dispute involving former Toledo woman is averted

Nov 25, 2008 | Posted by: roboblogger | Full story: Toledo Blade

The husband and sister of a Lucas County native in a persistent vegetative state agreed Tuesday that the husband is Heather Lavers' guardian, heading off a potential dispute like that involving the late Terri ...

1 - 2 of 2 Comments Last updated Nov 25, 2008

Since: Oct 06

Cedar Key, FL

#1 Nov 25, 2008
I am glad they came to an amicable agreement.

From story
Robert Lavers, who does not want any life support denied his wife and has moved from Florida with their three children, will be the guardian for Heather Lavers after her sister, Heidi Kaczala of Toledo, withdrew her petition from Lucas County Probate Court. She agreed that the court should appoint Mr. Lavers guardian with certain conditions outlined during a hearing Tuesday.

Among conditions being worked out are that Mrs. Lavers will not be moved from Ohio without Ms. Kaczala’s consent. Mr. Lavers must sign a release so that Ms. Kaczala and her mother, Patricia Kaczala, of Maumee, can discuss her care with providers, and her mother must be notified along with him about any care questions, said Ms. Kaczala’s attorney, Kevin McManus.

Orlando, FL

#2 Nov 25, 2008
That's very good news! Obviously, Mr. Lavers is the most appropriate choice as his wife's guardian, empowered with making surrogate (substituted judgment) medical decisions for his wife...just as Michael Schiavo was the appropriate guardian for his wife.

In the absence of a written health care advance directive, but where the incapacitated patient has previously clearly expressed her intentions and wishes for her own care (an oral advance directive), it is my belief that those personal wishes and intentions must be controlling.

The evidence is that Mrs. Lavers expressed (to her husband) her wish to be maintained--regardless of her condition and prognosis--on artificial life support. Her choice.

God bless her, I hope she gets her wish.


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