Potential Legislative Crisis in Florida There may be a potential legislative crisis in Florida that affects vulnerable persons. Florida’s Evidence Code may soon be modified in such a way that hearsay testimony (of an incapacitated person’s oral declarations) from potentially conflicted guardians, beneficiaries or heirs at law could become admissible in a court of law. Currently, Florida Statute 90.602 provides protection for incapacitated persons by forbidding self-serving hearsay of alleged oral declarations as admissible evidence in court: (1) No person interested in an action or proceeding against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a...
