In Re Guardianship Of Kowalski

478 N.W.2d 790 (1991)

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Nature of the Case

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Facts

Sharon Kowalski is 35 years old. She suffered severe brain injuries in an automobile accident which left her in a wheelchair, impaired her ability to speak, and caused severe loss of short-term memory. Sharon was sharing a home in St. Cloud with her lesbian partner, P. They had exchanged rings, named each other as insurance beneficiaries, and had been living together as a couple for four years. P's parents were not aware of the lesbian relationship at the time of the accident. P and Sharon's father cross-petitioned for guardianship. P, expecting that she would have certain visitation rights and input into medical decisions, agreed to the appointment of Mr. Kowalski as Sharon's guardian. The guardianship order gave complete control of visitation to Kowalski, who subsequently received court approval to terminate P's visitation rights on July 25, 1985. Kowalski immediately relocated Sharon from a nursing home in Duluth to one in Hibbing. Doctors concluded that Sharon wished to see P, and the court permitted P to reestablish visitation in January of 1989. The doctors also recommended in 1989 that Sharon be relocated to Trevilla at Robbinsdale, where she currently resides. After Sharon's move, P was permitted to bring Sharon to her St. Cloud home for semi-monthly weekend visits. Kowalski notified the court that, due to his own medical problems, he wished to be removed as Sharon's guardian. The court granted his request effective May 1990. P filed a petition for appointment as successor guardian of Sharon's person and estate. No competing petition was filed. The court conducted an extensive investigation.