Husband wins right to care for stricken wifeSFlb

TOLEDO (AP) — The husband of a woman in a vegetative state won guardianship Tuesday, ending a short-lived dispute with her family.

Both sides reached an agreement that will allow Robert Lavers to have control over his 38-year-old wife’s medical care.

Lavers applied for guardianship after his wife’s sister made the same request. He said he feared that his sister-in-law would discontinue life support.

The fight over guardianship between a husband and his wife’s family drew the inevitable comparisons to the right-to-die struggle over another Florida woman — Terri Schiavo.

Schiavo’s husband wanted her feeding tube removed against her parents’ wishes and won his case in a fight that went before President George W. Bush and the Supreme Court.

Unlike that case, it was never clear that anyone wanted to end life support for Heather Lavers.

The case also ended quickly before it could grow into a bigger issue.

Both sides agreed to visitation rights and to a stipulation that Heather Lavers cannot be moved out of Ohio without a court order or an agreement from both sides.

Robert Lavers said Tuesday that he was relieved that he will continue to have control over his wife’s care. “All we have to do is wait for Heather to wake up,” he said.

Heather Lavers has been in a persistent vegetative state since she had a heart attack in early September while sleeping at her home in Gibsonton, Fla.

Doctors have said it’s unlikely that she will awaken.

Heidi Kaczala filed a request in Lucas County Probate Court for guardianship after her sister was moved to a hospital in Ohio so she could receive better care and be near her parents.

Their mother, Patricia Kaczala, said Heidi Kaczala had no interest in ending life support if she was given guardianship. She said the guardianship was sought because her son-in-law can’t properly care for his wife because he is disabled and out of work.

Patricia and Heidi Kaczala declined to comment Tuesday after the agreement was reached.

Robert Lavers said he is certain that his wife of 17 years would want to stay on life support. He said they talked about this after hearing about the Schiavo case.

But neither of them has a living will or written directives about who should dictate their care.

Robert Lavers has since moved to Toledo with the couple’s three children so that he could be near his wife, who is now in a nursing home, and be her guardian.