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The author of the study, himself an attorney, presents the reader with a scholarly dissection of the conflict as it presented in this particular dispute, and ultimately ties it to the larger national struggle for gay and lesbian rights. Cloud, Minnesota , for about four years. He wrote that Thompson "has demonstrated commitment and devotion to the welfare of Sharon Kowalski" and that he recognized her contributions to Sharon's therapy and counseling and understanding of her "medical, material and social needs. Estate Planning for Same-sex Couples. 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. The court concluded that while a trial court has wide discretion in guardianship proceedings, the court abused its discretion in this case in denying Thompson's petition against the weight of evidence.

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But the judge doesn't agree, so he imposed his own vision on her. Archived from the original on May 16, In March , Thompson published a book about her experience with co-author Dr. This page was last edited on 15 February , at During the early period of her prolonged hospitalization, tensions arise between Kowalski's domestic partner and the patient's parents, leading to a highly contentious battle for the rights not only to visit, but also to assume long term care responsibilities. In re Guardianship of Kowalski , N. Public awareness of the case was increased by local and international publicity, including fundraising concerts by lesbian singer and songwriter Ann Reed.

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The author of the study, himself an attorney, presents the reader with a scholarly dissection of the conflict as it presented in this particular dispute, and ultimately ties it to the larger national struggle for gay and lesbian rights. This study presents one aspect of an increasingly prominent set of issues regarding the legal rights of same sex partners. Estate Planning for Same-sex Couples. Because a Kowalski family friend, Karen Tomberlin, had contacted Sharon's attorney requesting to testify against Thompson's guardianship, the court deferred consideration of Thomson's guardianship petition until it could conduct an evidentiary hearing. For ten years, the battle for custody and the ultimate care of Ms. He wrote that Thompson "has demonstrated commitment and devotion to the welfare of Sharon Kowalski" and that he recognized her contributions to Sharon's therapy and counseling and understanding of her "medical, material and social needs. Public awareness of the case was increased by local and international publicity, including fundraising concerts by lesbian singer and songwriter Ann Reed.

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Description: University of California Santa Cruz. Namespaces Article Talk. Drawing on trial transcripts, medical records, newspaper archives, and personal interviews, Casey Charles's work brings to life emotions and personalities that dominated the courtroom dramas and illuminates the highly contested judgments emerging from supposedly objective authorities in journalism, medicine, and the law. Place Published Lawrence, Kansas. By using this site, you agree to the Terms of Use and Privacy Policy. With the understanding that she would have visitation rights, Thompson agreed that Donald Kowalski would be named Sharon Kowalski's guardian. On November 13, , 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. 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. In re Guardianship of Kowalski , N.
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