THE SHARON KOWALSKI CASE
FEATURED AT HUMAN RIGHTS WEEK
CGIA and Women's Forum of the Campus Y
cosponsored the film "A Lifetime
Committement: the Sharon Kowalski
Story" for Human Rights Week.
Following the film, questions from the
audience were answered by two
attorneys, Lisa Burke of the Governor's
Advocacy Council for Disabled Persons
Rights in Raleigh, and Durham Attorney
Alan Berman.
Sharon Kowalski and her life-partner of
four years Karen Thompson were struck
by a drunk driver on November 13, 1983
near their home in Minnesota. Kowalski
was severely disabled by the accident
and is currently unable to speak and
can barely move without help.
Before the accident, the two women had
bought a house together and had taken
out insurance policies naming each
other as their benefactors. Since the
accident, however, Thompson has been
legally forbidden from seeing her
partner by Kowalski's father, Donald,
who has been named her guardian.
Sharon Kowalski was tested for mental
competence in 1984 and was deemed
incompetent to handle her own affairs.
Her father was then named her legal
guardian. However, the psychologist
who tested her said that communications
problems made it extremely difficult to
evaluate her and concluded that her
cognitive abilities were probably
higher than the standard tests
indicated.
Thompson, a tenured professor in
physical education at St. Cloud
University, assisted in Sharon's
rehabilitation until contact between
the two was forbidden. Thompson
asserts that Kowalski is currently
receiving inadequate care. Donald
Kowalski has placed his daughter at
Leisure Hills Health Care Center, a
nursing home for the elderly with few
rehabilitation programs.
Although Minnesota law requires that
all individuals deemed incompetent by
the courts be tested annually for
competence, Kowalski has not been
tested since 1984. A recent court
order to begin testing was blocked by
an appeal by her father.
The Minnesota Civil Liberties Union
argues that Sharon Kowalski is capable
of making her own legal decisions.
They cite a 1985 interview in which
Sharon was asked a series of questions
including her address, where she wanted
to live, and simple math problems.
Kowalski was able to answer all the
questions correctly and logically and
requested that the MCLU be allowed to
represent her in court. This request
was denied by the courts which ruled
that she had no right to retain council
until proven competent.
Donald Kowalski denies_ that his
daughter is involved in a committed
lesbian relationship and is doing all
he can to prevent her from letting her
make her own decisions and
communicating with Thompson. He was
quoted by the Washington Post as saying
"there [isn't] a law in the United
States that allows a lesbian
relationship" and that "[Thompson is]
an animal... As far as I'm concerned
they should have locked her up a long
time ago."
Because lesbian and gay relationships
are not legally sanctioned, Donald has
been able to keep his daughter from her
partner. Had Kowalski signed a Durable
Power of Attorney for Thompson to act
in her behalf if she became
incapacitated, Thompson would almost
certainly have been named her guardian.
Durable Powers of Attorney can be drawn
up by a lawyer. Copies of the North
Carolina statute concerning Power of
Attorney documents and the format for
such documents are available in the
CGLA office.
For the upcoming holiday season, people
across the country will be sending
greeting cards to Sharon Kowalski. We
encourage you to do the same. I've
heard that she really likes Garfield
cards. Her address is: Sharon
Kowalski, c/o Rainbow Women, 1517 E.
Lake St., Minneapolis, MN 55407.
--Pippa Holloway
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