Waukesha County

(2) Guardianship and protective placement actions under Wis. Stat. Chapters 52, 53, 54, and 55, except guardianship of the person of a minor (handled by Juvenile Court);

(3) Trust actions under Wis. Stat. Chapter 701;

(4) Involuntary mental, drug, and alcohol commitments (civil commitments) under Wis. Stat. Chapter 51;

(5) Adult adoptions under Wis. Stat. Chapter 882;

(6) Individual at risk restraining orders under Wis. Stat. § 813.123;

(7) Powers of attorney for health care under Wis. Stat. Chapter 155; and,

(8) Durable powers of attorney for finances under Wis. Stat. Chapter 244.

1.2 Responsibility within the Probate Court

(1) Responsibility of the Probate Court Judge. All contested formal actions and all other matters falling under the jurisdiction of the Probate Court, not designated under (2) to (4) below, are handled by the Probate Judge.

(2) Responsibility of the Civil Commitment Judge. The Civil Commitment Judge, currently the Judge(s) assigned to the Juvenile Court, handles all recommitment and final hearings for civil commitment cases. The Civil Commitment Judge also makes determinations on issues raised with the Court, not requiring a hearing, relating to these matters. The Civil Commitment Judge may assign to a Court Commissioner or the Register in Probate any other matters over which the Judge has jurisdiction, as allowed by Wisconsin Statutes.

(3) Responsibility of Court Commissioners. The Court Commissioner handles uncontested hearings dealing with formal probates, trusts, permanent protective placements and protective services, permanent adult guardianships, guardianships of the estate of a minor, conservatorships, custodianships, and individuals at risk restraining orders. The Court Commissioner also handles all civil commitment probable cause hearings, temporary guardianship hearings, emergency protective services hearings, and emergency protective placement hearings.

(4) Responsibility of the Register in Probate. The Register in Probate’s office is responsible for the opening, reviewing, filing, maintaining, and closing of all files and papers dealing with probates, trusts, protective placements, adult adoptions, adult guardianships, guardianships of the estate of a minor, conservatorships, custodianships, and individuals at risk restraining orders, as well as administrative matters dealing with the probate court. The Register in Probate also handles all informal probate hearings.

Rule 2: Document Preparation and Filing of Documents

2.1 Document Preparation

(1) All papers submitted will be typed or legibly handwritten.

(2) All papers will be filed on 8 1/2" by 11" paper with the exception of Wills, deeds, certified death certificates or exhibits. All papers will have printing on only one side with the exception of two-sided model court forms.

(3) All papers commencing an action will include the name, address, and telephone number of the person commencing the action. If an attorney is involved in the proceeding, the papers will also contain this information for the attorney, along with the attorney's state bar number.

(4) Where an order is filed with the court, it must be presented as a separate document from any other documents pertaining to the issue.

2.2 Filing of Documents

(1) All papers relating to the Probate Court’s subject matter must be filed at the Register in Probate’s office, not with any specific Judge, Court Commissioner, or Court personnel, unless filed with the Court at the time of the hearing. Attorneys are required to eFile all filings. Pro se litigants are not required to eFile but are encouraged to eFile if possible.

(2) Except as otherwise provided herein, parties must comply with Wis. Stat. §§ 801.16 and 801.18 regarding case filing and electronic filing procedures.

(3) Documents are accepted for filing during normal posted business hours, excluding holidays observed by Waukesha County.

(4) All papers relating to a scheduled hearing must be filed with the Register in Probate’s office at least forty-eight (48) hours prior to the hearing for consideration at that hearing.

(5) If not previously filed, all proposed orders, certificates, and judgments must be submitted to the Court for signature within fifteen (15) calendar days following the conclusion of the hearing.

(6) All statutory filing fees and local forms fees must be paid in full prior to the acceptance of any paper by the Court. Information on the current fees is available from the Register in Probate’s office.

(7) As required by Wisconsin Statutes, the party submitting a paper to the Court for filing is responsible for serving a copy of the paper upon all interested parties to the matter and their attorneys of record. eFiling a document will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules. Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. § 801.14. Service on parties should be accomplished in a manner that ensures, to the extent possible, that there is no period of delay between the filing of documents and service of those documents on the parties.

(8) The Court will NOT accept any filings by email.

2.3 Facsimile Transmission of Documents to the Court

(1) Facsimile documents transmitted directly to the Court will be accepted for filing only if all the following criteria are met:

(a) The party submitting the document to the Court is not a voluntary eFiler or an individual required to use the electronic filing system pursuant to Wis. Stat. § 801.18(3);
(b) The party submitting the document complies with all statutes and local rules regarding communications to the Court (see Rule 2.6 below) and service;
(c) The document does not exceed fifteen (15) pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Judge or Court Commissioner on a case-by-case basis. The party or attorney must certify that the assigned Judge or Court Commissioner has approved the exception to the 15-page limit; and,
(d) No filing fee is required for the filing of the document.

(2) Facsimile documents transmitted to a non-court agency, party, or a company for the receipt, transmittal, and delivery to the Register in Probate will be accepted for filing only if the transmission complied with this Local Rule or has been approved by the Judge or Court Commissioner and the transmitting party or attorney certifies the approval.

(3) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The Register in Probate is not responsible for errors or failures in transmission that result in missing or illegible documents, or when a Register in Probate’s facsimile machine is not operational for any reason.

(4) If a document is transmitted by facsimile machine, no additional copies may be filed with the Register in Probate. The Register in Probate will discard all duplicate papers subsequently received by the Register in Probate, Judge, or Court Commissioner. Original documents are to be maintained by the transmitting party or his/her attorney.

(5) Pursuant to Wis. Stat. § 801.16(2)(f), documents filed by facsimile transmission completed after regular business hours of the Register in Probate’s office are considered filed on a particular day if the submission is made by 11:59 pm central time, as recorded by the Register in Probate’s facsimile machine. Documents submitted by facsimile transmission after 11:59 pm are considered filed the next business day.

(6) The Judge or Court Commissioner may authorize in advance the filing of a particular document that does not conform to these rules if good cause is shown and it otherwise conforms with Wisconsin Statutes.

(7) Documents that are not to be filed but are to be used by the Court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the Judge, Court Commissioner, or Register in Probate.

(8) Copies of documents from court files will not be transmitted by facsimile machine without the appropriate costs being received in advance. The facsimile machine is not to be utilized in an effort to avoid payment of statutory photocopy costs.

(9) If a document is transmitted by facsimile machine, the original is not to be mailed to the Register in Probate’s office for filing. A cost assessment for pages filed in violation of this rule will be $3.00 per page. Originals filed will be returned.

(10) The requirement of a handwritten signature subscribing papers filed in court may be satisfied by a duplicate, as defined in Wisconsin Statutes, if a handwritten signature appears on the original document and the signing party or his or her attorney retains the original document.

(11) Any requests for confidential transmission must be submitted to the Register in Probate for prior review and approval.

2.4 Submission of Proposed Orders, Findings, or Similar Documents

Proposed orders, findings, or similar documents must be filed in Word format with a three-inch top margin on the first page to allow for the Court’s signature block. A party filing a proposed order, findings, or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein. If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed, any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection. Absent good cause, objections filed after expiration of eleven (11) calendar days are forfeited. (see Wis. Stat. § 801.15(1)(b)).

2.5 Restricted Access to Filings and Filing Papers Under Seal

(1) The Court will consider any document or material filed with the Court to be public unless, at the time of filing, it is accompanied by a separate motion requesting that: (a) access to the document be restricted to the Court and counsel for the parties; or (b) that the document or material, or portions thereof, be sealed by the Court under Wis. Stat. § 801.21. No motion is necessary to seal or restrict a document or material otherwise protected from disclosure under Wis. Stat. § 801.19, or other statute or local rule.

(2) The separate motion to restrict or seal must be publicly filed and must describe the general nature of the information withheld from the public record. The Register in Probate will file the document or material under temporary seal unless otherwise ordered by the Court.

(3) Any motion to restrict access or seal must be supported by sufficient facts demonstrating good cause for withholding the document or material from the public record. If the documents or materials sought to be restricted or sealed have been designated confidential by someone other than the filing party, the filing party may explain in the motion that the documents or materials are being filed under seal pursuant to a court-approved protective order or otherwise, and that the filing party supports, objects to, or takes no position on the continued sealing of the documents or materials. In response, the person or party who originally designated the documents or materials as confidential may, if it chooses, provide sufficient facts demonstrating good cause to continue sealing the documents or materials. Absent a sufficient factual basis demonstrating good cause sufficient to seal the documents or materials, the motion will be denied, and the documents or materials will be publicly filed by the Register in Probate, unless otherwise ordered by the Court.

(4) Any party seeking to restrict access to documents or materials or to file confidential documents or materials under seal, whether pursuant to a court-approved protective order or otherwise, must include in the motion a certification that the parties have conferred in a good faith attempt to avoid the motion or to limit the scope of the documents or materials subject to sealing under the motion.

(5) To the extent that any answers to interrogatories, transcripts of depositions, responses to requests for admissions, or any other documents filed or to be filed with the Court contain material designated as confidential, these documents, or any portion thereof, must be filed under temporary seal by the filing party with the Register in Probate’s office as follows:

(a) Pro Se Paper Filers: Document(s) must be filed with the Register in Probate’s office in an envelope marked “SEALED”.
(b) eFilers: When submitting the document(s) via the eFiling system, the filer must check the “Seal” check box.
(c) All documents submitted under seal will remain under temporary seal until the Court rules on the motion or as otherwise ordered by the Court.

(6) Any party filing material claimed to be confidential must include with the filing either: (a) a motion to seal the material pursuant to this rule; or (b) an objection to the designation of the material as confidential and a statement that the objection to the designation has been provided to the person claiming confidentiality. If such an objection is made, the person having designated the material as confidential may file a motion to seal under this rule within 21 calendar days of the objection.

(7) The designation of a paper as confidential under the terms of a protective order is not sufficient to establish the basis for filing that document under seal. The party seeking to withhold the document from the public record must file a motion to seal in accordance with this rule.

2.6 Communications with the Court

Any communication with the Court must be in writing, provided to all parties, and clearly identify the names of the parties or counsel copied on the communication.

Rule 3: Case Administration

3.1 Consolidation of Cases

(1) To promote efficiency, the Court on its own motion may consolidate any action involving a related case pending before the Probate Court or another branch of the Circuit Court. Before a case may be consolidated with another case or cases assigned to a different branch, the consolidation order must be approved by all Judges assigned to the cases which are the subject of the order.

(2) A motion to consolidate one or more cases must be filed in each case affected by the motion. If the motion is granted and the Judge with the higher-numbered case consents in writing, the Judge with the older, lower-numbered case will retain and preside over the consolidated case. The consolidated case will remain assigned to the Judge with the lower-numbered case even if the lower-numbered case is disposed of prior to trial.

(3) When pleadings or written communications are filed after consolidation, they must include all case captions and reference the lower-numbered case.

(4) Any filings after consolidation shall be filed in the case that remained open after the consolidation. If the consolidation was between a probate case (PR) and a civil case (CV), then the filings will be in the probate case (PR). If the consolidation occurs between two probate cases (PR), then the filings shall be made in the older, lower-numbered probate case (PR).

3.2 Remote Hearings

(1) For hearings before the Judge:

(a) All non-evidentiary hearings will be by Zoom unless the Court requires an in-person appearance.
(b) All evidentiary hearings will be in-person unless the Court approves a Zoom appearance.

(2) For hearings before the Commissioner:

(a) Emergency protective placement and temporary guardianship hearings will be by Zoom unless the Court Commissioner requires an in-person appearance.
(b) All other hearings will be in-person unless the Court Commissioner approves a Zoom appearance.

(3) All Zoom appearance requests must be filed no later than 48 hours prior to the hearing.

(4) The Notice of Hearing will state whether a hearing is scheduled to occur via video or telephone conferencing and will include the login ID and passcode for the hearing.

(5) Remote hearings are formal court proceedings, and participants are subject to contempt of court for non-compliance with court rules. All parties must dress and conduct themselves as if physically present in the courtroom. Parties must appear by both video and audio means unless otherwise approved by the Court. Parties, witnesses, and attorneys must display their full first and last name electronically so the Court can clearly identify each participant. Parties are responsible for ensuring appropriate lighting and audio during the hearing, and that there are no inappropriate backgrounds or distractions. Any recording of a remote hearing, other than by the court reporter or official court audio recording system, is prohibited.

(6) Further instructions for how to appear remotely can be found at https://www.waukeshacounty.gov/CircuitCourts/COC.

3.3 Media

Media requests to record a scheduled hearing must be directed to the Court and must comply with the Clerk of Circuit Court’s media policy. This policy will be updated and made available at https://www.waukeshacounty.gov/CircuitCourts/COC.

3.4 Interpreters

(1) If a party or witness requires the assistance of an interpreter for a hearing, the party or his/her attorney or the party calling the witness must submit a written request using state form GF-149 for an interpreter sufficiently in advance of the hearing to permit the retention and appearance of an interpreter.

(2) If an interpreter has been requested for a hearing, the parties to the case must notify the Court at least three (3) business days prior to the hearing if there is a request to adjourn or cancel the hearing. If an interpreter is requested for a court or jury trial, the parties to the case must notify the Court at least seven (7) calendar days prior to the trial if there is a request to adjourn or cancel the trial. Failure to comply with this rule or the failure to resolve a matter by a court-ordered deadline contained in a pretrial order may result in the Court imposing costs upon the parties.

Rule 4: Hearing and Trial Procedure

4.1 Jury Demand and Payment of Jury Fee

A jury demand can be made at any time prior to the deadline included in the Wisconsin Statutes or scheduling order. Jury fees must be paid by the date established by the Court. A jury trial will not be scheduled until the jury fees are paid. Absent good cause, an untimely jury demand or untimely payment of jury fees will constitute a waiver of trial by jury.

4.2 Adjournment

(1) Request to reschedule hearings before the Judge or Court Commissioner will be considered if submitted in writing to the Register in Probate’s office within five (5) business days of the initial filing of the notice for hearing. After five days have expired, the person seeking the adjournment of a hearing scheduled before the Judge or Court Commissioner, must first contact each party to the case, or if represented, the party’s attorney, and determine if there is any objection to the request. The motion or letter requesting the adjournment must inform the Court whether the other party(ies) join in or stipulate to the requested adjournment or if one or more parties object to the request. Failure to comply with this rule may result in the Court summarily denying the request.

(2) Requests to reschedule hearings before the Register in Probate will be considered if submitted, in writing, to the Register in Probate’s office at least forty-eight (48) hours prior to the scheduled hearing. If the adjournment is granted, the party requesting the adjournment must notify all parties of the adjournment.

4.3 Conduct During Trial

Unless approved by the Court, only one person may conduct voir dire on behalf of a party, and only one person on behalf of a party may examine a particular witness or argue motions or lodge objections related to that witness.

4.4 Exhibits

(1) Mandatory/Voluntary eFilers. Unless otherwise ordered by the Court, all proposed exhibits must by eFiled no later than 48 hours before the beginning of trial via the “Pre-file hearing exhibit” link in the Circuit Court eFiling system.

(2) Paper Filers. Unless otherwise ordered by the Court, all proposed exhibits must be received in hard copy form no later than 48 hours before the beginning of the trial by the Register in Probate.

(3) Failure to file exhibits as specified above or in a court order, or failure to provide copies of the proposed exhibits to the opposing party(ies) at or before the time filed with the Court, may result in the proposed exhibit(s) not being admitted or considered by the Court.

(4) It is the responsibility of the parties to display exhibits using the Court’s audio/visual technology. Court staff will not play any type of media or otherwise connect any technology to courtroom computers. Our Court Technology AV Guide with information as to built-in presentation technology can be found here: https://www.waukeshacounty.gov/CircuitCourts/all-div-info-pages/CourtroomTechnology/. To test the technology in the courtroom prior to trial, please contact the Court’s legal clerk to arrange a time.

(5) The Register in Probate must maintain a complete and accurate electronic or digital copy of all evidence received at trial and, unless otherwise ordered by the Court, the offering party is responsible for producing all exhibits in electronic form. The Court, in its discretion, may order originals of any exhibit, including, but not limited to, large exhibit(s) (charts, models, maps, etc.), original deposition transcripts, and non-documentary physical evidence received at trial be maintained in the condition filed by the party offering the exhibit(s) or by some other person or vendor.

(6) Non-Scannable Exhibits. Non-Scannable Exhibits (i.e., flash drives, DVDs) cannot be maintained via the eFiling system. It is the responsibility of the proffering party to maintain the original copy of a non-scannable exhibit pursuant to file retention statutes. Prior to offering the exhibit, a true and correct copy must be produced to the Court’s clerk along with a sworn affidavit to its contents. The copy will be maintained and destroyed by the Register in Probate’s office pursuant to Wisconsin Supreme Court Rule §§ 72.01-72.05.

(7) Offering Exhibits. It is the responsibility of the proffering party to offer any and all exhibits into the court record. Any exhibits, electronic or physical, not received at trial will be returned to the proffering party, rejected by the clerk, and will not be entered into the court record.

Rule 5: Guardian ad Litem andAdvocate Counsel

All attorneys who wish to receive appointments from the Circuit Court must complete and submit the Appointed Attorney Agreement and the Appointed Attorney Profile Information Form with the Waukesha County Clerk of Circuit Court. The Clerk of Circuit Court will maintain a list of these attorneys. The Probate Judge, Court Commissioner, or the Register in Probate shall retain the discretion to appoint an attorney who is not on that list.

Rule 6: Estate Matters

6.1 Wills

(1) Only original wills will be accepted for filing with the court without a hearing.

(2) If the Will is filed and probate will not be necessary per Wis. Stat. § 865.05, the Will shall be filed with an Affidavit of No Probate or a letter that shall contain the decedent’s full name, date of birth, date of death, date of execution of the Will, and address, including zip code, at the time of the decedent’s death.

(3) Wills filed for safekeeping under Wis. Stat. § 853.09 must be filed in a sealed envelope. On the envelope the filer must write the name and address of the testator, the date of deposit, and the date of birth of the testator.

6.2 Summary Proceedings and Special Administrations under Chapter 867 Wis. Stats.

(1) A Proof of Heirship must be filed with all opening papers for any summary proceeding and/or special administration.

(2) If the total net assets subject to administration are under $10,000.00, these assets may be transferred by appointment of a special administrator without the need for a summary settlement or summary assignment.

(3) If the total net assets subject to administration are between $10,000.00 and $50,000.00, a summary settlement or a summary assignment with or without the appointment of a special administrator is required for the transfer of these assets. This is required for notice to all interested persons and creditors.

(4) If the gross assets are $50,000.00 or less, a Transfer by Affidavit under Wis. Stat. § 867.03 may be used in lieu of items (2) or (3).

6.3 Selection of Personal Representative

(1) An individual who is not a resident of Wisconsin must post a surety bond, in an amount determined by the Court, prior to being appointed as a personal representative or a special administrator. All non-resident personal representatives must have a resident agent.

(2) The Court requires all nominated personal representatives in an intestate succession estate proceeding to post a surety bond except for the following: (a) a surviving spouse, if the surviving spouse is the nominated personal representative as well as the sole heir-at-law of the estate; or (b) the personal representative is an attorney who is licensed to practice law in the State of Wisconsin.

(3) The Court, on its own motion, may appoint an attorney as a successor personal representative to administer and/or close an estate when the Court has determined that such appointment is necessary to further the administration of the estate.

(4) The Register in Probate cannot be named as a registered agent in any matter except an ancillary administration under Wis. Stat. § 868.03(5).

6.4 Informal Administration for the Intestate Succession Administration

An informal administration can only be used in an intestate succession case if all interested persons, including any nominated personal representatives, sign a waiver and consent consenting to the use of informal administration and the appointment of the same personal representative(s).

6.5 Hearing or Waiver of Hearing

(1) In an informal administration, a court hearing is not required when waivers and consents are filed by all interested persons.

(2) Hearings will be held on notice or on waiver in all formal or other proceedings at the request of the attorney for the estate or the personal representative, or by order of the Probate Court.

(3) Hearings may be waived at the request of the attorney for the estate or the personal representative, or by order of the Probate Court, for any summary proceeding and/or special administration.

(4) An immediate hearing on a petition for formal probate may be permitted upon the filing of required waivers and consents from all interested persons, even where publication for a hearing on admission of the Will has been ordered.

6.6 Inventory

(1) A one (1) month extension to file an inventory shall be granted only upon the filing of a verified petition requesting the extension of time along with a proposed order. Any longer extension will be considered on a case-by-case basis.

(2) Additional statutory filing fees for added property not reflected on an original inventory must be paid when filing an annual account, a final account, or amended inventory.

6.7 Final Account, Final Judgment and Judgment on Claims

A final account must be filed in all informal administrations unless a waiver is approved by the Court or all residual beneficiaries/heirs-at-law waive the filing of the final account. A final judgment or judgment on claims is not required in an informal administration.

6.8 Receipts and Releases

(1) If an accounting is waived, documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the Court.

(2) In a formal administration, proof of the recording of the transfer of any real estate to beneficiaries or heirs must be filed with the Court.

6.9 Tax Clearances

(1) A Wisconsin Closing Certificate for Fiduciaries must be filed with the Court prior to the closing of any estate, unless waived by the Court.

(2) A Federal Estate Tax Closing Letter and a Wisconsin Certificate Determining Estate Tax must be filed with the Court prior to the closing of any estate required to file a Federal Estate Tax Return, unless a waiver is approved by the Court.

6.10 Closing Estates

(1) All administrations must be completed within twelve (12) months of the initial filing. This closing date may be extended at the discretion of the Court or the Register in Probate pursuant to this section.

(2) When an estate cannot be closed within the Local Rule time limits, a verified petition requesting an extension of time to close the estate and the grounds for the extension must be filed with the Court along with a proposed order for an extension.

(3) The following reasons ordinarily will qualify for a single six (6) month extension of time to close the estate, without notice or waivers, upon the filing of the required petition:

(a) The Federal Estate Tax Return has been timely filed and the estate tax audit has not been completed;
(b) The Federal and State Income Tax Returns have been timely filed but the Closing Certificate for Fiduciaries has not been received from the Wisconsin Department of Revenue; or,
(c) The estate is involved in pending litigation.

(4) All grounds for an extension of time to close the estate will be reviewed by the Court.

(5) Insolvent Estates:

(a) If an informal administration is insolvent, the matter may be closed in the following fashions:

(i) File the inventory, an accounting, the closing certificate for fiduciaries (unless a waiver is approved by the Court), and the personal representative’s statement to close the estate; pay the inventory filing fee; provide a copy of these documents, except for the closing certificate for fiduciaries, to all unsatisfied creditors, heirs, and beneficiaries; file an affidavit of service regarding the service of the inventory, account, and personal representative’s statement to close the estate; and file an estate receipt from all heirs or residual beneficiaries stating they understand the estate is insolvent, they are not receiving a distribution, and do not object to closing the estate and releasing/discharging the personal representative.
(ii) File a demand for formal proceedings and close the estate as a formal administration by filing the inventory, an accounting, the closing certificate for fiduciaries, final judgment, and judgment on claims; paying the filing fee; and having a hearing on notice to all unsatisfied creditors, heirs, and residual beneficiaries.
(iii) File a demand for formal administration and a petition for summary settlement; pay any filing fee; and have a hearing on notice to all unsatisfied creditors, heirs, and residual beneficiaries.

(b) If a formal administration is insolvent, the matter may be closed in a similar fashion to (a) (ii) and (iii) above with the exception that a demand for formal proceedings is not required.

Rule 7: Guardianship, Conservatorshipand Protective Placment Matters

7.1 Guardianship and Protective Placement

(1) Standby Guardian Training Requirement. All proposed standby guardians for guardianships must complete the State of Wisconsin Guardianship Training Program and file the Confirmation of Completion of Guardian Training Program, with all attachments, prior to being appointed as standby guardian.

(2) Protective Placement Petitions. The petitioner must contact the Waukesha County Department of Health and Human Services to obtain a comprehensive evaluation or notify the Department the petitioner is obtaining an evaluation from a private source no later than eleven calendar (11) days after the filing of the petition.

(3) Protective Placement (WATTS) Reviews. If an objection is filed with regard to the annual review of protective placement, the Summary Hearing will convert to a Scheduling Conference at which the Circuit Court Commissioner will schedule a fifteen (15) minute Zoom status conference before the Circuit Court Judge, order the Public Defender to appoint advocate counsel, and, upon request, order an independent evaluation.

(4) Costs.

(a) In all guardianship and protective placement matters in which the petition is granted, the following will be ordered by the Court for the recovery of costs: “The fees and costs of the guardian ad litem, advocate counsel, examining expert and/or comprehensive evaluation shall be paid out of the ward’s income, assets, and/or estate. If the ward’s income, assets, and/or estate are insufficient to pay these costs, then Waukesha County will pay these costs and fees on the ward’s behalf. Waukesha County retains the right to seek reimbursement.” All subsequent guardian ad litem, advocate counsel, examining expert, and/or comprehensive evaluation fees will be paid in this manner.
(b) The aforementioned language should be entered into a separate fees order for the recovery of costs.
(c) Payment of all other fees will be determined by the Court.

(5) Access to File.

(a) After the guardianship has been ordered, access to the guardianship file is limited to the guardian, the guardian's attorney (notice of retainer must be on file), the ward, the ward's advocate counsel, the currently appointed guardian ad litem, and the currently assigned social worker.
(b) Title insurance and abstract companies, by their duly licensed agents and representatives, may have limited access to records showing the appointment or discharge of a guardian, inventories, annual accounts and proceedings regarding the sale, lease, exchange, or encumbrance of real estate belonging to the ward.
(c) Bonding companies, by their duly licensed agents and representatives, may have limited access to information showing the appointment or discharge of a guardian, inventories, and annual accounts.
(d) Court approval is required for all other access to the guardianship file.

(6) Termination of a Guardianship

(a) Guardian of the Person - Deceased Ward. Upon the filing of a notice of the death of the ward, the Judge or Court Commissioner ordinarily will issue an Order of Discharge of the guardian of the person.
(b) Guardian of the Estate - Deceased Ward. Upon the filing of a notice of the death of the ward, the final account as approved by the Court, and a proper receipt and release signed by the appropriate recipient having authority over the ward's estate (with attached proof of that authority), the Judge or Court Commissioner will, absent special circumstances, issue an Order of Discharge of the guardian of the estate.
(c) Guardian of the Estate - Minor. Upon the filing of proof of the ward reaching the age of eighteen, the final account, and the receipt and release signed by the ward, the Judge or Court Commissioner ordinarily will, absent special circumstances, issue an Order of Discharge of the guardian of the estate.
(d) Ward Now Competent. A court hearing is required when a ward previously deemed incompetent has regained competency. A petition for discharge of a guardian and an order and notice for hearing must be filed to initiate the action. A competency report must be submitted or requested to substantiate the petition for termination. The Court may require the appointment of a guardian ad litem and an examining expert.

7.2 Conservatorship

(1) A hearing is required for the appointment of a conservator, and the petitioner will be present so the court may determine the action is voluntary.

(2) A hearing is required to voluntarily terminate a conservatorship.

Rule 8: Civil Commitment Matters

8.1 Commencement

All Civil Commitment matters under Wis. Stat. Chapter 51 originate with the appropriate county Corporation Counsel's office.

8.2 Scheduling and Appointments

The court will arrange for the scheduling of all matters, as well as the appointment of advocate counsel and examining experts.

8.3 Access to File

Access to civil commitment files is limited to the person in need, his or her attorney, appropriate county Corporation Counsel, and such other persons as approved by the court.

Rule 9: Miscellaneous Court Rules

Except where a specific Probate Court Rule exists, the Rules of the Waukesha County Circuit Court Civil Division will apply.

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