Florida Statute 744.1095 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.1095

744.1095 Hearings.—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.

History.—s. 13, ch. 89-96; s. 6, ch. 90-271; s. 1069, ch. 97-102.

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Amendments to 744.1095

Arrestable Offenses / Crimes under Fla. Stat. 744.1095

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.1095.

Annotations, Discussions, Cases:

Cases Citing Statute 744.1095

Total Results: 4

Shen v. Parkes

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-31T00:00:00-07:00

Citation: 100 So. 3d 1189

Snippet: G.T., provides for an evidentiary hearing. See § 744.1095, Fla. Stat. (2011) (providing that at any hearing

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: Capacity; appointment of guardian advocate. § 744.1095, Fla. Stat. Hearings. § 744.3085, Fla. Stat. Guardian

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1992-09-24T00:00:00-07:00

Citation: 607 So. 2d 1306

Snippet: Committee notes revised. Statutory Reference § 744.1095, Fla.Stat. Hearings. Rule Reference Fla.Prob.R

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1991-08-22T00:53:00-07:00

Citation: 584 So. 2d 964

Snippet: 1991 Revision: New rule. Statutory Reference § 744.1095, Fla. Stat. Hearings. RULE 5.541. RECORDING OF