FRESNO, Calif. — A California woman deprived of life-sustaining care, including food and water, for nearly two weeks now has a chance to live. On Tuesday, the Fresno County Superior Court ordered that Janet Rivera’s feeding tube and water be reinstated until a July 29 trial. The court will decide whether the responsibility for managing Janet’s medical care should be transferred from the Fresno County Public Guardian to Janet’s cousin, Suzanne Emrich, who is represented by Alliance Defense Fund allied attorney Brian Chavez-Ochoa.
“Everyone deserves a chance to live, and now Janet has that chance,” said Chavez-Ochoa. “A person’s life isn’t worthless just because someone else isn’t satisfied with how that person is living.”
Rivera suffered brain damage following a heart attack approximately two years ago. Up until May 2008, Rivera’s husband served as her conservator and made health care decisions on her behalf. In June 2008, the Fresno County public guardian replaced him as conservator.
On July 11, the Public Guardian’s Office ordered that Rivera be taken off her respirator, but she unexpectedly began breathing on her own. The public guardian then ordered that her feeding tube be permanently removed, depriving her of food and water for eight days. The decision would have slowly euthanized Rivera.
“This illustrates why Janet’s family members should have the right to direct her care, not government officials,” said ADF Senior Legal Counsel Byron Babione. “We trust the court will recognize that Janet’s cousin should be the one to make critical decisions on Janet’s behalf.”
A copy of the petition filed with the Superior Court of California, County of Fresno, Central Division, in Conservatorship of the Person and Estate of Janet Rivera is available at www.telladf.org/UserDocs/RiveraPetition.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