Case establishing a disabled lesbian's partner as her legal guardian
In re Guardianship of Kowalski
Court
Minnesota Court of Appeals
Full case name
In re Guardianship of Sharon Kowalski, Ward
Citation
478 N.W.2d 790
Legislation cited
Minnesota Statutes §§ 525.551, 525.59
Case history
Prior actions
Order appointing Donald Kowalski guardian (April 24, 1984); Minnesota Court of Appeals affirms, 382 N.W.2d 861 (March 4, 1986); Karen Tomberlin named successor guardian (April 23, 1991)
Court membership
Judges sitting
Thomas Forsberg (Presiding Judge)
Gary L. Crippen
Jack Davies (Associate Judges)
Case opinions
When medical evidence establishes that a mentally incapacitated ward has the capacity to express a preference as to the identity of the ward's guardian, the trial court should give this preference great weight in its guardianship decision.
Decision by
Davies
In re Guardianship of Kowalski, 478 N.W.2d 790 (Minn. Ct. App. 1991), is a Minnesota Court of Appeals case that established a lesbian's partner as her legal guardian after Sharon Kowalski became incapacitated following a traffic collision. Because the case was contested by Kowalski's parents and family and initially resulted in the partner being excluded for several years from visiting Kowalski, the gay community celebrated the final resolution in favor of the partner as a victory for gay rights.
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