AB691,2,82 46.90 (5g) Response to financial exploitation. An elder-adult-at-risk
3agency shall, in response to an investigation under sub. (5) that indicated that an
4elder adult at risk is the subject of financial exploitation, file a petition under s.
5813.124 (2) to request a court to order a financial institution, as defined in s. 705.01
6(3), to refuse any transfers and withdrawals from any account the elder adult at risk
7holds, individually or jointly, at the financial institution. The petition shall comply
8with all requirements under s. 813.124 (2) (b).

AB691,3,210 55.043 (1t) Response to financial exploitation. An adult-at-risk agency
11shall, in response to an investigation under sub. (1r) that indicated that an adult at
12risk is the subject of financial exploitation, file a petition under s. 813.124 (2) to
13request a court to order a financial institution, as defined in s. 705.01 (3), to refuse
14any transfers and withdrawals from any account the adult at risk holds, individually

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1or jointly, at the financial institution. The petition shall comply with all
2requirements under s. 813.124 (2) (b).

AB691,3,54 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining
5orders under s. 813.122 or, 813.123, or 813.124.

AB691,3,87 801.50 (5u) Venue of an action under s. 813.124 shall be in the county in which
8the cause of action arose or in which the petitioning agency is located.

AB691,3,18 10813.06 Security for damages. In proceedings under s. 767.225 the court or
11judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
12813.124, 813.125, and 823.113 the court or judge shall, require a bond of the party
13seeking an injunction, with sureties, to the effect that he or she will pay to the party
14enjoined such damages, not exceeding an amount to be specified, as he or she may
15sustain by reason of the injunction if the court finally decides that the party was not
16entitled thereto. Copies of such the bond, affidavit, or other pleading shall be served
17upon the party enjoined and the officer serving the same shall, within 8 days after
18such service, file his or her return in the office of the clerk of the court.

AB691,3,21 20813.124 Account injunctions for individuals at risk. (1) Definitions. In
21this section:

AB691,3,2422 (a) "Account" means a contract of deposit of funds between a depositor and a
23financial institution, and includes a checking or savings account, certificate of
24deposit, share account, and other like arrangement.

AB691,3,2525 (am) "Adult at risk" has the meaning given in s. 55.01 (1e).

AB691,4,1

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1(b) "Adult-at-risk agency" has the meaning given in s. 55.01 (1f).

AB691,4,22 (c) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

AB691,4,33 (d) "Elder-adult-at-risk agency" has the meaning given in s. 46.90 (1) (bt).

AB691,4,44 (dm) "Financial institution" has the meaning given in s. 705.01 (3).

AB691,4,55 (e) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).

AB691,4,66 (f) "Individual at risk" means an elder adult at risk or an adult at risk.

AB691,4,87 (g) "Individual-at-risk agency" means an adult-at-risk agency or an
8elder-adult-at-risk agency.

AB691,4,10 9(2) Petition. (a) An action under this section may be commenced only by a
10petition filed by an individual-at-risk agency.

AB691,4,1111 (b) The petition shall allege facts sufficient to show the following:

AB691,4,1212 1. The name of the individual at risk.

AB691,4,1513 2. a. If the individual at risk named under subd. 1. is an elder adult at risk, that
14a report of financial exploitation against the individual at risk under s. 46.90 (5) has
15been investigated and confirmed.

AB691,4,1816 b. If the individual at risk named under subd. 1. is an adult at risk, that a report
17of financial exploitation against the individual at risk under s. 55.043 (1r) has been
18investigated and confirmed.

AB691,4,2019 3. The financial institution at which the financial exploitation has occurred or
20is likely to occur and the accounts that may be affected.

AB691,4,2221 4. The name of the person who has conducted or is likely to conduct the financial
22exploitation.

AB691,5,5 23(3) General procedure. Procedure for an action under this section is in 2 parts.
24First, the court or circuit court commissioner shall issue or refuse to issue a
25temporary restraining order. Second, the court shall hold a hearing under sub. (5)

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1on whether to issue an injunction, which is the final relief. If the court or circuit court
2commissioner issues a temporary restraining order, the order shall set forth the date
3for the hearing on an injunction. If the court or circuit court commissioner does not
4issue a temporary restraining order, the date for the hearing shall be set upon motion
5by either party.

AB691,5,8 6(4) Temporary restraining order. (a) A judge or circuit court commissioner
7shall issue a temporary restraining order, as specified in par. (b), if all of the following
8occur:

AB691,5,109 1. The petitioner submits to the judge or circuit court commissioner a petition
10alleging the elements set forth under sub. (2) (b).

AB691,5,1211 2. The judge or circuit court commissioner finds reasonable grounds to believe
12any of the following:

AB691,5,1513 a. That the individual at risk has been the subject of financial exploitation and
14that an account at the financial institution identified under sub. (2) (b) 3. has been
15used to aid the financial exploitation of the individual at risk.

AB691,5,1916 b. That the the individual at risk is likely to be the subject of financial
17exploitation conducted by the person named under sub. (2) (b) 4. and that an account
18at the financial institution identified under sub. (2) (b) 3. is likely to be used to aid
19the financial exploitation of the individual at risk.

AB691,5,2420 (b) A temporary restraining order issued under par. (a) shall order the financial
21institution identified under sub. (2) (b) 3. to refuse transfers or withdrawals from any
22account the individual at risk holds, individually or jointly, at the financial
23institution. In the order the judge may, as he or she determines is appropriate, order
24the refusal to be of any of the following:

AB691,5,2525 1. All transfers and withdrawals from the account.

AB691,6,1

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12. Any withdrawal by a specified person.

AB691,6,32 3. All transfers and withdrawals with specified exceptions for regular transfers
3or withdrawals.

AB691,6,54 (c) If a judge or circuit court commissioner issues a temporary restraining
5order, notice shall be given to the individual at risk.

AB691,6,116 (d) The temporary restraining order is in effect until a hearing is held on
7issuance of an injunction under sub. (5). A judge shall hold a hearing on issuance of
8an injunction within 14 days after the temporary restraining order is issued, unless
9the time is extended upon the written consent of the parties or extended once for 14
10days upon a finding that the respondent has not been served with a copy of the
11temporary restraining order although the petitioner has exercised due diligence.

AB691,6,13 12(5) Injunction. (a) The judge shall issue an injunction, as specified in par. (c)
13if all of the following occur:

AB691,6,1514 1. The petitioner has filed a petition alleging the elements set forth under sub.
15(2) (b).

AB691,6,1716 2. The petitioner serves a copy of the petition and notice of the time for hearing
17on the issuance of the injunction upon all of the following:

AB691,6,1818 a. The financial institution identified under sub. (2) (b) 3.

AB691,6,1919 b. The individual at risk named under sub. (2) (b) 1.

AB691,6,2020 c. The person named under sub. (2) (b) 4.

AB691,6,2321 d. Any person with whom the individual at risk holds a joint account at the
22financial institution identified under sub. (2) (b) 3. if the petitioner knows of any such
23account holder.

AB691,6,2524 e. Any guardian, or agent under an activated power of attorney, of the
25individual at risk, if the petitioner knows of any such guardian or agent.

AB691,7,2

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13. After a hearing, the judge finds reasonable grounds to believe any of the
2following:

AB691,7,53 a. That the individual at risk has been the subject of financial exploitation and
4that an account at the financial institution identified under sub. (2) (b) 3. has been
5used to aid the financial exploitation of the individual at risk.

AB691,7,96 b. That the individual at risk is likely to be the subject of financial exploitation
7conducted by the person named under sub. (2) (b) 4. and that an account at the
8financial institution identified under sub. (2) (b) 3. is likely to be used to aid the
9financial exploitation of the individual at risk.

AB691,7,1210 (b) In determining whether there are reasonable grounds under par. (a) 3., the
11judge may, in his or her discretion, consider the petition filed under sub. (2), any other
12factors the judge finds appropriate, and any of the following:

AB691,7,1513 1. The preferences of the individual at risk, but the judge shall note any
14coercion the individual-at-risk agency has identified in the investigation described
15under sub. (2) (b) 2.

AB691,7,1716 2. Any preferences of a guardian, or agent under an activated power of attorney,
17of the individual at risk, if any.

AB691,7,2118 3. Any testimony given by the person named under sub. (2) (b) 4., given by any
19person with whom the individual at risk holds a joint account that may be subject
20to the petition filed under sub. (2), or given by a representative of the financial
21institution identified under sub. (2) (b) 3.

AB691,8,222 (c) An injunction issued under par. (a) shall order the financial institution
23identified under sub. (2) (b) 3. to refuse transfers and withdrawals from any account
24the individual at risk holds, individually or jointly, at the financial institution. In the

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1order the judge may, as he or she determines is appropriate, order the refusal to be
2of any of the following:

AB691,8,33 1. All transfers and withdrawals from the account.

AB691,8,44 2. Any withdrawal by a specified person.

AB691,8,65 3. All transfers and withdrawals with specified exceptions for regular transfers
6or withdrawals.

AB691,8,87 (d) An order under this subsection is effective according to its terms, but for not
8more than one year.

AB691,8,12 9(6) Financial institutions subject to court orders. (a) A financial institution
10that complies with any order issued under sub. (4) or (5) is not liable to any person
11for complying with the order or for any other action arising from, or related to, the
12financial institution's compliance with the order.

AB691,8,1813 (b) Notwithstanding any order issued under sub. (4) or (5), a financial
14institution may close an account identified in an order under sub. (4) or (5), or take
15any other action with respect to the account that is authorized in the account contract
16with the depositor, if the proceeds of the account are not distributed to any person
17named under sub. (2) (b) 4. or any other person identified in the order as being
18prohibited from making a withdrawal from the account.

AB691,8,2520 814.61 (1) (a) Except as provided under pars. (c), (d), (dm), and (e), at the
21commencement of all civil actions and special proceedings not specified in ss. 814.62
22to 814.66, $75. Of the fees received by the clerk under this paragraph, the county
23treasurer shall pay $45 to the secretary of administration for deposit in the general
24fund and shall retain the balance for the use of the county. The secretary of
25administration shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

AB691,9,4

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1(b) Except as provided in pars. (c), (d), (dm), and (e), in addition to the fee under
2par. (a), at the commencement of an action affecting the family as defined in s.
3767.001 (1), a fee of $20 to be deposited by the county treasurer in a separate account
4to be used by the county exclusively for the purposes specified in s. 767.405.

AB691,9,146 814.61 (1) (dm) No fee charged under this subsection in any action commenced
7under s. 813.124 may be collected from a petitioner under s. 813.124 or an individual
8at risk, as defined in s. 813.124 (1) (f), who is named under s. 813.124 (2) (b) 1. The
9fee charged under this subsection for petitions filed and granted under s. 813.124
10shall be collected from the person named under s. 813.124 (2) (b) 4. if that person is
11convicted of violating a temporary restraining order or injunction issued under s.
12813.123 (4) or (5) if the violation included a violation of an order under s. 813.123 (4)
13(ar) 2. or (5) (ar) 2. to cease engaging in or threatening to engage in financial
14exploitation of the individual at risk who was named under s. 813.124 (2) (b) 1.

AB691,9,2516 814.70 (1) Service of process. For each service or attempted service of a
17summons or any other process for commencement of an action, a writ, an order of
18injunction, a subpoena, or any other order, $12 for each defendant or person. If there
19is more than one defendant or person to be served at a given address, $6 for each
20additional defendant or person. No fee charged under this subsection in any action
21commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner
22under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any
23action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected
24from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of
25violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4),

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1813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this
2subsection in any action commenced under s. 813.124 may be collected from a
3petitioner under s. 813.124 or an individual at risk, as defined in s. 813.124 (1) (f),
4who is named under s. 813.124 (2) (b) 1. The fee charged under this subsection in any
5action commenced under s. 813.124 shall be collected from the person named under
6s. 813.124 (2) (b) 4. if that person is convicted of violating a temporary restraining
7order or injunction issued under s. 813.123 (4) or (5) if the violation included a
8violation of an order under s. 813.123 (4) (ar) 2. or (5) (ar) 2. to cease engaging in or
9threatening to engage in financial exploitation of the individual at risk who was
10named under s. 813.124 (2) (b) 1. No fee charged under this subsection in any action
11commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if
12the petition alleges conduct that is the same as or similar to conduct that is
13prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. If no fee is collected
14under this subsection from a petitioner under s. 813.125, the fee charged under this
15subsection in any action commenced under s. 813.125 shall be collected from the
16respondent under s. 813.125 if he or she is convicted of violating a temporary
17restraining order or injunction issued under s. 813.125 (3) or (4).

AB691,11,1219 814.70 (3) (intro.) For travel in serving any summons, writ or other process,
20except criminal warrants, and except that a fee under this subsection in any action
21commenced under s. 813.12, 813.122, or 813.123 may not be collected from a
22petitioner but shall be collected from the respondent if he or she is convicted of
23violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4),
24813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4), except that a fee under this
25subsection in any action commenced under s. 813.124 may not be collected from a

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1petitioner under s. 813.124 or an individual at risk, as defined in s. 813.124 (1) (f),
2who is named under s. 813.124 (2) (b) 1. but shall be collected from the person named
3under s. 813.124 (2) (b) 4. if that person is convicted of violating a temporary
4restraining order or injunction issued under s. 813.123 (4) or (5) if the violation
5included a violation of an order under s. 813.123 (4) (ar) 2. or (5) (ar) 2. to cease
6engaging in or threatening to engage in financial exploitation of the individual at
7risk who was named under s. 813.124 (2) (b) 1., and except that a fee under this
8subsection in any action commenced under s. 813.125 may not be collected from a
9petitioner if the petition alleges conduct that is the same as or similar to conduct that
10is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. but shall be
11collected from the respondent if he or she is convicted of violating a temporary
12restraining order or injunction issued under s. 813.125 (3) or (4):