In Re Guardianship of Kowalski

478 N.W.2d 790, 1991 Minn. App. LEXIS 1196, 1991 WL 263225
CourtCourt of Appeals of Minnesota
DecidedDecember 17, 1991
DocketC2-91-1047
StatusPublished
Cited by8 cases

This text of 478 N.W.2d 790 (In Re Guardianship of Kowalski) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Guardianship of Kowalski, 478 N.W.2d 790, 1991 Minn. App. LEXIS 1196, 1991 WL 263225 (Mich. Ct. App. 1991).

Opinion

OPINION

DAVIES, Judge.

Appellant Karen Thompson challenges the trial court’s denial of her petition for guardianship of Sharon Kowalski, and the court’s award of guardianship to Karen Tomberlin. We reverse and remand for appointment of Karen Thompson as guardian.

FACTS

Sharon Kowalski is 35 years old. On November 13, 1983, 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.

At the time of the accident, Sharon was sharing a home 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. Sharon’s parents were not aware of the lesbian relationship at the time of the accident. Sharon’s parents and siblings live on the Iron Range, where Sharon was raised.

In March of 1984, both Thompson and Sharon’s father, Donald Kowalski, cross-petitioned for guardianship. Thompson, 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, however, gave complete control of visitation to Kowalski, who subsequently received court approval to terminate Thompson’s visitation rights on July 25, 1985. Kowalski immediately relocated Sharon from a nursing home in Duluth to one in Hibbing.

In May of 1988, Judge Robert Campbell ordered specialists at Miller-Dwan Medical Center to examine Sharon to determine her level of functioning and whether Sharon could express her wishes on visitation. The doctors concluded that Sharon wished to see Thompson, and the court permitted Thompson 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, Thompson was permitted to bring Sharon to her St. Cloud home for semi-monthly weekend visits.

In late 1988, 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. After being notified of Kowalski’s request to relinquish guardianship, Thompson, on August 7, 1989, filed a petition for appointment as successor guardian of Sharon’s person and estate. No competing petition was filed.

The court held a hearing on Thompson’s petition on August 2, 1990. The court *792 wished to conduct further evidentiary hearings, and evidence was taken in both Duluth and Minneapolis over the next several months.

Karen Tomberlin is a friend of the Kow-alski family. She did not file a petition for guardianship. Rather, she contacted Sharon’s attorney indicating that she wished to testify in opposition to Thompson’s petition and submitted a letter to the court suggesting that she be considered as an alternative guardian. Sharon’s attorney, in a letter to the trial court prior to the initial August 2, 1990, hearing on Thompson’s petition, also included Tomberlin’s name as a possibility for guardianship.

The evidentiary hearings in Minneapolis and Duluth were directed toward evaluating Thompson’s petition. Thompson called approximately 16 medical witnesses, all of whom had treated Sharon and had firsthand knowledge of her condition and care. Thompson thus exercised little choice as to which medical witnesses were called from Miller-Dwan and Trevilla. The trial court appointed the Miller-Dwan evaluation team, and it was that team which recommended Sharon’s transfer to Trevilla. The court also appointed the social worker who testified at the hearing. These witnesses testified about Thompson’s interaction with Sharon and the medical staff, Sharon’s recovery progress, and Sharon’s ability reliably to express her preference in this matter.

The court also heard testimony from three witnesses in opposition to Thompson’s petition: Debra Kowalski, Sharon’s sister; Kathy Schroeder, a friend of Sharon and the Kowalskis; and Tomberlin. These witnesses had no medical training, each had visited Sharon infrequently in recent years, and none had accompanied Sharon on any outings from the institution. Sharon’s parents chose not to attend the hearing.

On April 23, 1991, the trial court denied Thompson’s petition for guardianship and simultaneously appointed Tomberlin as guardian without conducting a separate hearing into her qualifications. Thompson appeals to this court.

ISSUE

Did the trial court abuse its discretion in denying appellant’s petition for guardianship of Sharon Kowalski?

ANALYSIS

The appointment of a guardian is a matter peculiarly within the discretion of the probate court. Schmidt v. Hebeisen, 347 N.W.2d 62, 64 (Minn.App.1984). The reviewing court shall not interfere with the exercise of this discretion except in the case of clear abuse. In re Guardianship of Stanger, 299 Minn. 213, 215, 217 N.W.2d 754, 755 (1974).

In 1980, the legislature, to protect the rights and best interests of the ward, rewrote the guardianship statutes to require the probate court to make specific findings detailing both the necessity for the proposed guardianship of the ward and the qualifications of the proposed guardian. Minn.Stat. § 525.551, subd. 5 (1990); see also In re Conservatorship of Lundgaard, 453 N.W.2d 58, 61 (Minn.App.1990).

The only issue on appeal is the court’s choice of guardian and its findings and conclusions on the comparative qualifications of Thompson and Tomberlin.

I.

Guardianship proceedings are governed by Minn.Stat. §§ 525.539-525.6198 (1990). Minn.Stat. § 525.551, subd. 5, provides that after a hearing on a petition for guardianship,

[t]he court shall make a finding that appointment of the person chosen as guardian or conservator is in the best interests of the ward.

The statute defines the “best interests of the ward” to be:

[A]ll relevant factors to be considered or evaluated by the court in nominating a guardian or conservator, including but not limited to:
(1) the reasonable preference of the ward or conservatee, if the court determines the ward or conservatee has sufficient capacity to express a preference;
*793 (2) the interaction between the proposed guardian or conservator and the ward or conservatee; and
(3) the interest and commitment of the proposed guardian or conservator in promoting the welfare of the ward or con-servatee and the proposed guardian’s or conservator’s ability to maintain a current understanding of the ward’s or con-servatee’s physical and mental status and needs. In the case of a ward or conservatorship of the person, welfare includes:

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Bluebook (online)
478 N.W.2d 790, 1991 Minn. App. LEXIS 1196, 1991 WL 263225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guardianship-of-kowalski-minnctapp-1991.