744.1095
Hearings.
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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.
Notes of Decisions
Cited in 4
cases, 1991–2012 · leading case: In Re Amendments to the Florida Probate Rules
In Re Amendments to the Florida Probate Rules (1991)
“Statutory Reference § 744.1095, Fla. Stat. Hearings. RULE 5.541.”
Shen v. Parkes (2012)
“See § 744.1095, Fla. Stat. (2011) (providing that at any hearing under the guardianship law, the alleged incapacitated person has the right to remain silent, testify, present evidence, call witnesses, confront and cross-examine all witnesses, and have the hearing open or closed).”
In Re Amend. to Florida Probate Rules (2008)
“§ 744.1095, Fla. Stat. Hearings. § 744.3085, Fla.”
In re Amendments to the Florida Probate Rules (1992)
“Statutory Reference § 744.1095, Fla.Stat. Hearings. Rule Reference Fla.”
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