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Family Law Keyed to Weisberg
In Re Guardianship of Kowalski (Kowalski III)
Facts
Sharon Kowalski suffered severe brain injuries as a result of an automobile accident. At the time of the accident, she was living in St. Cloud with her lesbian partner, appellant Karen Thompson. They had exchanged rings, named each other as insurance beneficiaries, and had been living together as a couple for four years. Her parents were unaware of the lesbian relationship. Appellant and Sharon’s father, Donald Kowalski, cross-petitioned for guardianship. Appellant agreed to the appointment of Kowalski as guardian, expecting that she would have certain visitation rights and input into medical decisions. The guardianship order gave complete control of visitation to Kowalski, who received court approval to terminate appellant’s visitation rights and relocated Sharon to a nursing home in his town. Upon order from Judge Robert Campbell specialists examined Sharon and determined that she could express her wishes on visitation. They concluded that Thompson wished to see appe llant, and the court permitted her to reestablish visitation. Kowalski notified the court that he wished to be removed as Sharon’s guardian due to his own health problems. Appellant filed a petition for appointment as successor guardian, with no competing petitions being filed. The trial court denied appellant’s petition and appointed a family friend, Karen Tomberlin, as guardian. Sixteen medical witnesses testified on appellant’s behalf, while only three witnesses testified in opposition, including Tomberlin.
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