Wisconsin Judicial Benchbook Vol. V: Probate, Guardianship, and Mental Health

  • Book (Print)
  • Books Unbound
  • Elder Law
  • Estate Planning and Probate Law
Published by: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-705-9 490+ pp.; 7th ed. 2024-2025 (includes 2025-26 and 2026-27 supplements)
Wisconsin Judicial Benchbook Vol. V: Probate, Guardianship, and Mental Health

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Develop your case confidently using the same criteria judges use to evaluate it

When you’re preparing a probate, guardianship, or mental health case, you’ll want this volume at your side. It encompasses the multiple aspects of these areas of the law in six major sections. Written by a committee of experienced judges, this Benchbook delivers the essential rules, citations, and commentary in a handy, easy-to-use format.

The 2026–27 supplement includes the following updates:

  • Adds information about recent legislation, including the creation of an alternative procedure to guardianship and protective placement—allowing patient’s representatives to consent to incapacitated individuals’ admission to certain health-care facilities
  • Includes discussions of recent case law concerning protective placement and involuntary commitment procedures (including administration of medication)

The 2025–26 supplement includes updates reflecting recent case law that addressed issues such as

  • Involuntary commitment procedures
  • Time-related considerations concerning challenges to reopen closed estates
  • Confidentiality of records pertinent to findings of incompetency
  • Grounds for court action against a guardian

The supplement also modifies a few former references to affidavits to reflect the permissible use of unsworn declarations pursuant to the Uniform Unsworn Declarations Act, enacted in 2024.

The 2024–25 revision includes a number of changes such as:

  • The incorporation of amendments made by the Wisconsin Trust Code trailer bill
  • Updates reflecting the Wisconsin Legislature’s amendments to procedures for electronic and remote witnessing and notarization of estate planning documents
  • New discussions of recent appellate court decisions involving issues such as the confidentiality of records pertinent to findings of incompetency, the rights of surviving parties to joint accounts, and mental-commitment procedures

FORMAL PROBATE

PR 1. Formal Probate Procedure

PR 2. Wills

PR 3. Powers and Duties of Personal Representative (Formal Probate)

PR 4. Family Rights

PR 5. Intestate Succession

INFORMAL PROBATE

PR 6. Informal Probate Procedure

PR 7. Powers and Duties of Personal Representative (Informal Probate)

PROBATE ALTERNATIVES

PR 8. Probate Alternatives/Summary Proceedings

PR 9. Trusts

PR 10. Powers and Duties of Trustees

GUARDIANSHIP

GA 1. Guardianship

GA 2. Guardianship of Individuals Found Incompetent

GA 3. Protective Placement and Services

GA 4. Guardianship of Estate of Minor

GA 5. Guardianship of Spendthrift

OTHER PROCEEDINGS

GA 6. Conservatorship

GA 7. Power of Attorney for Health Care

MENTAL HEALTH

MH 1. Involuntary Mental Commitments

MH 2. AODA Commitments

MH 3. Criminal Commitments and Transfers

MH 4. Voluntary Mental Admission/Settlements

MH 5. Patients’ Rights and Records

For an in depth view of the content in this book, please click to view Table of Contents.

Books Unbound Library Collection: Estate Planning, Probate & Elder Law

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