Florida Statutes 744.1095 – Hearings
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 744.1095
- Court: means the circuit court. See Florida Statutes 744.102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Incapacitated person: means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. See Florida Statutes 744.102
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Testify: Answer questions in court.
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
At any hearing under this chapter, the alleged incapacitated person or the adjudicated ward has the right to:
(1) Remain silent and refuse to testify at the hearing. The person may not be held in contempt of court or otherwise penalized for refusing to testify. Refusal to testify may not be used as evidence of incapacity;
(2) Testify;
(3) Present evidence;
(4) Call witnesses;
(5) Confront and cross-examine all witnesses; and
(6) Have the hearing open or closed as she or he may choose.