Florida Estate Planning Lawyer Blog
The adjudicatory hearing is closed and only the examining committee members, the petitioner and his or her Florida Guardianship Attorney, the Alleged Incapacitated Person (AIP) and his or her Florida Guardianship Lawyer have the right to be present. The AIP has an absolute right to attend and must be present unless his or her presence is waived by his or her Florida attorney. The AIP also has the right to refuse to testify during the hearing.
In the event that there are witnesses, the witnesses must be disclosed to all parties. The Florida Court must find by clear and convincing evidence that the AIP is incapacitated. If the AIP is found to be incapacitated the court must consider alternatives to guardianship before the appointment of a guardian. This is the case in a plenary guardianship or limited guardianship.