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

Product ID: AK0029
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-471-3

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.

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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.

Read More ↓

520+ pp.; 5th ed. 2016-2017
(Includes 2018-2019 supplement and 2019-2020 supplement)

Formal Probate

  • Formal Probate Procedure
  • Wills
  • Powers and Duties of Personal Representative (Formal Probate)
  • Family Rights
  • Intestate Succession

Informal Probate

  • Informal Probate Procedure
  • Powers and Duties of Personal Representative (Informal Probate)

Probate Alternatives

  • Probate Alternatives/Summary Proceedings
  • Trusts
  • Powers and Duties of Trustees

Guardianship

  • Guardianship
  • Guardian of Individuals Found Incompetent
  • Protective Placement and Services
  • Guardianship of Estate of Minor
  • Guardianship of Spendthrift

Other Proceedings

  • Conservatorship
  • Power of Attorney for Health Care

Mental Health

  • Involuntary Mental Commitments
  • Alcohol Commitments
  • Criminal Commitments and Transfers
  • Voluntary Mental Admissions/Settlements
  • Patients' Rights and Records

The 2019–20 supplement includes a number of changes such as:

  • New discussions of recent appellate court decisions involving matters such as constructive trusts, involuntary mental commitments (including court-ordered medication and extension hearings), and summary-judgment procedures in probate court
  • Supreme court rules amendments reflecting the Wisconsin Supreme Court’s approval of a petition to permit a blended system of stenographic and digital audio recording in circuit court proceedings
  • The elimination of the Community Options Program and of now-obsolete references in corresponding Probate Code provisions relating to recovery from an estate by the Department of Health Services for certain public assistance program payments

The 2018-2019 supplement incorporates important recent legislation regarding:

  • Revised processes for transfers on death and transfers by affidavit
  • Supported decision-making agreements for adults with specified functional impairments
  • Adoption of the Uniform Adult Guardian Jurisdiction Act
  • Extended provisions in the Mental Health Act to apply to persons with drug dependence

In addition, it includes an easy-to-read chart of key timelines for specific actions in guardianship, protective placement, and protective services cases.

5th edition updates

The Benchbook has been newly revised to incorporate the latest legislation and court decisions, including:

  • The Wisconsin Digital Property Act (concerning access to and disclosure of a ward’s or decedent’s digital property)
  • An act that prohibits inheritance by a parent who abandoned a minor child
  • Acts expanding required contents of a petition for guardianship of a minor and creating new basis for cause of action against a guardian
  • Wisconsin appellate court rulings involving ordering medication in an involuntary mental commitment case and evaluating the need for a protective placement

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

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