A petition to protect the rights of incapacitated Floridians by retaining Florida Statute 90.602 that renders testimony of interested parties inadmissible as it pertains to oral declarations of incapacitated individuals.
TO: Members of Florida House and Senate
We, the undersigned, hereby respectfully request that Florida Lawmakers immediately discontinue any further consideration of pre-filed Bills titled HB 0523 and SB 0988 (An act relating to evidence; repealing s. 90.602, F.S., relating to testimony of interested persons regarding oral communication with a deceased or mentally incompetent person).
WHEREAS The undersigned petitioners are citizens of the great State of Florida, advocates for the disabled community, advocates of patient’s retained rights under state and federal statutes and interested parties to Florida’s laws as they pertain to the protections of vulnerable, elderly and disabled citizens, and
WHEREAS The introduction of House Bill 0523 and Senate Bill 0988 will effectively eliminate necessary legal protection of incapacitated individuals against conflicted guardians, heirs apparent, heirs in fact and beneficiaries in legal proceedings that determine the incapacitated person’s medical treatment desires and financial management of property, and
WHEREAS House Bill 0523 and Senate Bill 0988 creates an instant and tangible conflict of interest for guardians and interested parties of incapacitated individuals, and
WHEREAS House Bill 0523 and Senate Bill 0988 creates ambiguity with regards to clear and convincing evidence as it relates to the intentions, medical treatment care desires and personal interests of incapacitated persons:
We, the undersigned, ask that you immediately and expediently deny and consideration of these bills and further that you immediately and expediently deny consideration of any filed and pre-filed bills that would limit legal protections of Florida’s vulnerable, disabled and elderly citizens.
