attorney who deals with baker-act 33315

What is a Baker Act in Florida?

Apr 25, 2020 · The Baker Act. If you would like to discuss a wrongful Baker Act, we provide a one-hour consultation for a flat fee of $400. During the consultation, we can discuss the facts of the case and what actions can be taken to protect your rights. The Florida Legislature passed Florida Mental Health Act in 1971, which quickly became known as the ...

Do you need a lawyer for a Baker Act case?

Examples of actual cases in which we have been retained to obtain the release of a Baker Act patient include the following: Case #1: An independent elderly woman who still works and is completely independent trips and falls in her condominium, injuring her face. Her roommate takes her to the local hospital emergency room.

Is the Baker Act a good thing?

Vulnerable Adult and Baker Act Abuse Dennis L. Webb, Esq. For more information, please call or email: Dennis L. Webb, Esq., at Phone: 239-334-1600; E-mail: [email protected] or visit website at: www.swflalawyers.com and www.mentalhealthsexabuselawyer.com

When to contact Talmadge law firm for Baker Act questions?

Feb 05, 2020 · Please contact our Florida Baker Act attorney, Mark Astor, 24/7/365 for a free, confidential consultation, at 561 419-6095 Can’t call now? Fill out the form below and attorney Mark Astor will respond shortly.

Can I sue for wrongful Baker Act?

If you or a loved one are involuntarily committed under the Baker Act, it is wise to begin seeking legal counsel. ... Those who were improperly committed under the Baker Act might have grounds to sue for damages.Nov 18, 2020

How do you fight the Baker Act?

If your loved one is being held against their will in a facility, you should call a Baker Act attorney as soon as you find out they're being taken there. The sooner the better so that you can beat the facility to the court and have a better chance of ensuring your loved one's release.

Who can lift a Baker Act in Florida?

A psychiatric resident can initiate an involuntary examination under the Baker Act only if he/she is fully licensed in Florida as a medical or osteopathic physician under chapters 458 or 459, FS. If not licensed as a physician in Florida, he/she cannot initiate the Baker Act examination.

Is the Baker Act constitutional?

Under due process protections, the Baker Act does not violate a person's constitutional rights. Individual's under the Baker Act are allowed a hearing to determine if they should continue to be held because of mental illness.

How can I get out of being Baker Acted?

How to Get Out. The facility is not, by any means, the only one with the ability to get the court system involved. A patient or the patient's guardian advocate can file a petition for writ of habeas corpus requesting a hearing regarding release from involuntary confinement.Oct 20, 2016

What happens when someone gets Baker Acted?

If a person is Baker Acted, they are taken to a mental health hospital that is also a Baker Act-receiving facility. ... If the person is deemed to be dangerous by two different mental health professionals, they will be admitted to a mental health facility (either voluntarily or under involuntary inpatient placement).Dec 14, 2020

Who can initiate the Baker Act?

The Baker Act This law allows for the individual to be involuntarily held for up to 72 hours and may be initiated by mental health professionals, doctors, law enforcement officials and judges.Nov 9, 2021

Is Baker Act public record in Florida?

Because the Baker Act is a civil proceeding, much of the information contained in the court file is available to the public for inspection. According to Florida law, only the clinical records of a patient being treated for mental illness under the Baker Act are confidential.Jan 22, 2016

Can a person with dementia be Baker Acted in Florida?

A person with dementia would not be eligible for voluntary admission because of inability to make well-reasoned, willful and knowing decisions about their medical and mental health treatment – the definition of competence in the Baker Act.

What is the difference between Marchman Act and Baker Act?

While the Baker Act is designed to involuntarily commit individuals who are impaired due to mental illness, the Marchman Act works to do the same for those impaired by substance use disorders.

How do you get someone involuntarily committed in NC?

Use the Involuntary Commitment process. North Carolina law allows for an individual to be evaluated and hospitalized against his/her own wishes. In order for this to happen there must be clear evidence the person is dangerous to self or others. Initiating an involuntary commitment is usually a choice of “last resort”.

Is the Baker Act nationwide?

Although the Baker Act is a statute only for the state of Florida, use of "Baker Acting" as a verb has become prevalent as a slang term for involuntary commitment in other regions of the United States.

What is the Baker Act?

The Baker Act. The Florida Legislature passed Florida Mental Health Act in 1971 , which quickly became known as the “Baker Act.”. Under Chapter 394, of the Florida Statutes, the Baker Act provides comprehensive mental health treatment reform while protecting the due process and other established rights of a person accused of having a mental illness.

How long does it take to get a hearing for involuntary placement?

When a petition for involuntary placement is filed in circuit court for outpatient or inpatient treatment, the patient is entitled to a hearing within five (5) working days after a petition for involuntary placement is filed.

What is substantial likelihood?

A substantial likelihood exists that in the near future the patient will inflict serious bodily harm on himself or herself or another person. A patient is entitled to representation at the hearing for involuntary inpatient placement.

What is mental illness in Florida?

The term “mental illness” is defined in Section 394.455 (28), F.S., to mean an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person’s ability ...

What is the Baker Act?

It is named the “Hal S. Marchman Alcohol and Other Drug Services Act" or the "Marchman Act" in its shorter form, and is codified at Section 397.301, Florida Statutes. To see the entire act, click here. Loosely speaking, the Baker Act allows a physician or other health professionals to order that an individual who is a threat to himself ...

What is behavioral health unit?

However, more often they are units in a hospital, usually called a "behavioral health unit.". The Health Law Firm represents individuals, families and friends in challenges to and hearings related to the Florida Baker Act and Marchman Act, when the basic criteria for confinement are not met and there is no medical necessity for further confinement. ...

How to Initiate a Baker Act Involuntary Inpatient Examination

1. The circuit court can enter an ex-parte order based on written or oral sworn testimony that includes specific facts that support the findings.

How Often are Senior Citizens Baker Acted

The statistics show that a larger percentage of senior citizens are being Baker Acted year after year. Currently:

When is a Baker Act Patient Forced into In-Patient Treatment?

If patient meets criteria, a petition for involuntary services shall be filed in the circuit court. When inpatient treatment is deemed necessary, the least restrictive treatment consistent with the optimum improvement of the patient’s condition shall be made available.

How Does the Court Protect a Baker Act Patient?

The circuit-court petition must be filed with the clerk of courts within 72 hours of the person’s arrival at the facility, unless time ends on a weekend, legal holiday. No exceptions for weeknights. The patient is entitled to an independent expert examination (if the patient cannot afford one, the court will provide for one).

How to help someone who is alcoholic?

Every situation is different, but some possibilities for helping your loved one could include: 1 Getting them a therapist they can talk to 2 Sending them to a psychiatrist for medication 3 Making sure they go to a doctor for a physical evaluation 4 Assisting them with checking into a rehab facility 5 Taking them to Alcoholics Anonymous or other 12-step meetings 6 Finding them a sponsor 7 Looking for a better housing or job situation for them

What is Baker Act?

Baker Act Attorneys. When a loved one is in trouble, you want to do whatever you can to help them. If they are contending with mental illness, you may help them find a therapist or a facility where they can go and get treatment as well as medication to function in their everyday life. If they are addicted to drugs and alcohol, ...

What is pre-need guardianship?

Preneed guardianship is a type of an advance directive that communicates to the world who you want to be your guardian if you become mentally or physically disabled. You can designate in advance, in writing, who you want to manage your affairs if and when you become unable to. This document often identifies alternate proposed guardians.

What is the Baker Act?

The Florida Mental Health Act of 1971, commonly referred to as The Baker Act, allows for involuntary institutionalization and examination of an individual. A Baker Act proceeding can be initiated by a judge, law enforcement officer, medical doctor, or a mental health professional. The examination may last up to 72 hours and is to determine whether an individual has a mental illness and may harm themselves or others.

1 attorney answer

Generally criminal defense attorneys are well qualified to handle Baker Act cases even though being Baker Acted is a civil commitment. I assume that he was defended by the Office of the Public Defender. Michael Graves is the elected public defender in the fifth circuit which includes Brooksville.

Leslie A Sweet

Generally criminal defense attorneys are well qualified to handle Baker Act cases even though being Baker Acted is a civil commitment. I assume that he was defended by the Office of the Public Defender. Michael Graves is the elected public defender in the fifth circuit which includes Brooksville.