Opinion
No. 4-86-1836.
June 10, 1987.
Appeal from the Circuit Court, Broward County, Raymond J. Hare, J.
Nancy A. Trease of Legal Aid Service of Broward County, Inc., Fort Lauderdale, for appellant Isabella Frederick.
No appearance for appellee.
Reversed. We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require an actual hearing to determine competency as outlined in the provisions of the section. The requirement for a hearing may not be waived by counsel for the alleged incompetent. Cf. In re Keene, 343 So.2d 916 (Fla. 4th DCA 1977).
ANSTEAD, DELL and GUNTHER, JJ., concur.