COLUMBUS, Ohio (AP) — A court was wrong to appoint aguardian to make medical decisions for an
Amish girl whose parentsstopped her chemotherapy against doctors’ wishes, and the guardianshould be allowed
to resign, the family’s attorney said in court filingsthis week.The lawyer for Sarah Hershberger’s family
argued for a reversal of the appointment in a filing in their state court appeal.Ohio’sguardianship statutes
appear to let courts substitute their judgmentfor that of suitable parents while ignoring the parents’
"moral andconstitutional interests," Maurice Thompson wrote in his filing with theNinth District
Court of Appeals in Akron. The court should take anarrower view that limits such second-guessing and is
consistent withconstitutional safeguards of their rights, he wrote.To do that,the court must hold "that
the decisions of suitable parents may not beattacked by anyone anytime in an Ohio Probate Court, and that
thesecareful and gut-wrenching life and death decisions cannot besecond-guessed and overruled where the
parents are suitable, and simplyseek to try a less invasive treatment first," wrote Thompson, who
leadsthe libertarian 1851 Center for Constitutional Law in Ohio.ClairDickinson, an attorney for guardian
Maria Schimer, said Thursday that hewill submit a response to Thompson’s filing later, but he declined
toreveal what it might say.Hershberger and her parents fled theirMedina County home more than two months ago
so she wouldn’t be forced toresume chemotherapy for her leukemia. Instead, they decided to usenatural
medicines, such as herbs and vitamins.The Hershbergersshun many facets of modern life and are deeply
religious. They have saidthey stopped chemotherapy not for religious reasons but because it wasmaking Sarah
too sick and they feared it could end up killing her.Doctorsat Akron Children’s Hospital believe Sarah’s
leukemia is treatable buthave said she will die within a year without chemotherapy.Schimer,an attorney who’s
also a registered nurse, has asked the court to lether drop her attempt to force Sarah to resume
chemotherapy, because itbecame impossible to make medical decisions for Sarah after the familyfled.If
approved by a judge, Schimer’s resignation could end thefamily’s months-long fight against the hospital and
pave the way forthem to return home, where they live on a farm and operate a producestand near the village
of Spencer, about 35 miles southwest ofCleveland.Medina County Probate Judge Kevin Dunn has delayed
adecision on the resignation request. He said he first wants to make surehe has authority to grant it in
light of the ongoing appeal in statecourt.In a separate filing on that issue this week, the family’slawyer
argued that Dunn should immediately accept the resignation andthat it wouldn’t hinder the appeal.Dickinson
has said that anattorney told him the hospital won’t continue its legal push to getchemotherapy for Sarah if
her guardian’s resignation is approved.Copyright 2013 The Associated Press. All rightsreserved. This
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