Broadening Anachronistic Notions of Family in Proxy Decisionmaking for Unmarried Adults
![handle is hein.journals/hastlj41 and id is 1055 raw text is: Notes
Broadening Anachronistic Notions of
Family in Proxy Decisionmaking for
Unmarried Adults
by
AMY L. BROWN*
Preferential treatment of the traditional family unit pervades law
and society. Usually this deference is innocuous. In certain situations,
however, it discriminates against people who do not live in traditional
family settings, but who instead have formed other types of primary rela-
tionships. The preference for the traditional family seems particularly
unjust in medical decisionmaking for incapacitated adults involved in se-
rious relationships outside the societal norm.
One case provides an especially poignant example. On November
13, 1983, a drunken driver slammed into Sharon Kowalski's car, leaving
the twenty-seven-year-old woman physically and mentally impaired.'
Both her traditional family-father, mother, and sister-and her room-
mate and lover of four years-Karen Thompson-spent as much time as
possible by Sharon's bedside as she lay in a coma for several weeks. As a
result of Karen's devotion, Sharon's father, Donald Kowalski, began to
feel uncomfortable about the nature of the relationship between the two
women. Donald Kowalski told Karen Thompson that friends weren't
supposed to visit as often as [Karen] was visiting and if [she] didn't stop
visiting so often, he would see to it [Karen] couldn't visit at all.'2
After consulting with the hospital psychologist, Karen wrote a letter
to Sharon's parents, Donald and Della Kowalski, explaining that she and
Sharon were lovers and that Sharon would want Karen's continued in-
volvement in Sharon's rehabilitation and life.3 The parents did not an-
swer, but when Sharon's sister responded to this letter by calling Karen
* B.A. & B.S. 1986, University of Kansas; Member, Third Year Class.
1. In re Guardianship of Kowalski, 382 N.W.2d 861, 862-63 (Minn. Ct. App. 1986).
2. K. THOMPSON & J. ANDRZEJEWSKI, WHY CAN'T SHARON KOWALSKI COME
HOME? 17 (1988).
3. Id. at 21-25.
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Broadening Anachronistic Notions of Family in Proxy Decisionmaking for Unmarried Adults
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