ADF: Husband retains guardianship of wife over sister-in-law, securing spouse’s life

http://www.alliancedefensefund.org/news/story.aspx?cid=4763

ALLIANCE DEFENSE FUND NEWS RELEASE
November 25, 2008 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020 or www.telladf.org/pressroom

Husband retains guardianship of wife
over sister-in-law, securing spouse’s life

ADF-allied attorney obtains favorable result in Ohio court

TOLEDO, Ohio — A man seeking to protect his disabled wife from having her nutrition and hydration removed by his sister-in-law succeeded in having the court name him as guardian Tuesday when the sister-in-law withdrew her application for guardianship. Alliance Defense Fund allied attorney Joel Kirkpatrick represents Robert Lavers, the husband of Heather Lavers.

“Everyone deserves a chance to recover. We are pleased that Heather will be given this chance,” said Kirkpatrick. “Robert Lavers is the rightful guardian of his wife and simply desires to take care of her. He did not want a death sentence for Heather.”

Heather Lavers went into a coma after suffering a heart attack in September and had been receiving medical care, nutrition, and hydration at a Florida hospital not far from her and her husband’s home. Robert Lavers later agreed to the request of Heather’s sister, Heidi Kaczala, that Heather Lavers be moved to Ohio where she could receive better medical care and be close to her family. He moved to Ohio when his wife was transferred to a Toledo hospital.

After the transfer, Kaczala applied to be appointed as her sister’s legal guardian. At that time, Kaczala did not agree with Robert Lavers that his wife should be kept alive because she believed that her sister would not want to live in her current condition. For that reason, Kaczala indicated to Robert Lavers that she would consider the option of withdrawing food and water if given guardianship.

Kaczala consented to withdraw her application for guardianship prior to a formal hearing Tuesday (www.telladf.org/news/story.aspx?cid=4761).

A copy of the letter of guardianship issued Tuesday by the Probate Court of Lucas County naming Robert Lavers as legal guardian over his wife in the lawsuit In re: Lavers is available at www.telladf.org/UserDocs/LaversGuardianshipLetter.pdf.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

www.telladf.org