In Re Guardianship of Kowalski - Facts and Prior History

Facts and Prior History

Sharon Kowalski lived with her partner, Karen Thompson, in St. Cloud, Minnesota for about four years. Though Kowalski's parents were not aware of the relationship at the time, the couple had exchanged rings and named one another as insurance policy beneficiaries. On November 13, 1983, Kowalski suffered severe brain injuries in an automobile accident involving a drunk driver. The injuries left Kowalski with permanent physical disabilities, requiring her to remain in a wheelchair, and the mental capacity of a four to six year-old child.

Both Thompson and Sharon Kowalski's father, Donald Kowalski, petitioned to be named Sharon Kowalski's legal guardian in March 1984. With the understanding that she would have visitation rights, Thompson agreed that Donald Kowalski would be named Sharon Kowalski's guardian. The court's guardianship order, however, gave Donald complete control over visitation. On July 25, 1985, Donald immediately cut off Thompson's visitation rights and moved Sharon from a nursing home near Thompson's home to one further away. Thompson appealed the order, but the appellate court affirmed the order initially, citing testimony by Sharon's family and nursing home staff that Sharon seemed depressed and sad after her visits with Thompson and postulating that it would be in Kowalski's best interest to discontinue visitation with Thompson.

At this time, several gay rights and civil liberties groups joined Thompson in her efforts to reacquire visitation rights and acquire the guardianship. Public awareness of the case was increased by local and international attention, including fundraising concerts by lesbian singer and songwriter Ann Reed. In May 1988, a federal judge asked specialists to conduct a study of Sharon to determine whether she had sufficient mental capacity to accurately express her wishes in regard to visitation, and, if so, what her wishes were. The Miller-Dwan Medical Center specialists determined that Sharon did have the capacity to do so, and Thompson was allowed to resume limited visitation in January 1989. In March 1989, Thompson published a book about her experience with co-author Dr. Julie Andrzejewski, titled Why Can't Sharon Kowalski Come Home?

Because of his deteriorating health, Donald Kowalski requested that the court appoint a new guardian in late 1988. Thompson filed an uncontested petition to be named Sharon's successor guardian in August 1989. A hearing on the petition was held in August 1990, and the court deferred deciding on the petition until it could conduct an evidentiary hearing, as a Kowalski family friend, Karen Tomberlin, had contacted Sharon's attorney requesting to testify against Thompson's guardianship. At the evidentiary hearing, Thompson called sixteen medical witnesses who testified about Sharon's mental state, her interaction with Thompson, and her preference in regard to visitation. Three witnesses opposed to Thompson's guardianship, Sharon's sister and two family friends including Tomberlin, also testified. The court denied Thompson's petition on April 19, 1991 and named Tomberlin as Sharon's guardian. Thompson appealed.