what attorney can help with baker act

What is the role of the state attorney in a Baker Act?

The Office of the Public Defender, within one business day,must appoint a PD to represent the individual in a proceeding of the individual is not otherwise represented by a baker act attorney. The baker act defense attorney must be provided with access to the patient, witnesses and medical records relevant to the Baker Act case.The individual, their guardian or health care …

Can a Baker Act Baker be taken home?

You could let a Baker Act attorney handle all of that for you so you can have some peace of mind during this tough time. All you have to do is get in touch with Baker Act attorney Mark Astor for a confidential consultation. He is available 24 hours a day, 7 days a week, 365 days a year.

What are the rights of a Baker Act patient?

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.

What is the Office of the state attorney’s role in a hearing?

Prior to forming Baker Act attorneys, facilities were free to violate rights and the Baker Act statute itself, because no one was watching. That changed in 2020, Mark has successfully litigated against many hospitals and facilities and is now feared in that community.

Can you fight the Baker Act?

Can You Fight an Involuntary Placement? You can fight an involuntary placement for your loved one. However, when they have been taken against their will to a receiving facility, then it turns into a dash to the courthouse.

Can I sue for wrongful Baker Act?

Those who were improperly committed under the Baker Act might have grounds to sue for damages. Your chance of success, though, will be heavily dependent on the length of time you were involuntarily committed.Nov 18, 2020

How do I get out of Baker Act in Florida?

The Baker Act specifically states that confinement is not appropriate when any apparent harm "may be avoided through the help of willing family members or friends" Section 394.463(1)(b)(1), Florida Statutes.Oct 20, 2016

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 effective is the Baker Act?

According to the Orlando Sentinel the success rate of the Baker Act is questionable, as the program seems to be a revolving door where folks come get evaluated and released and then are back after a bit of time, numerous times.Nov 8, 2019

How long can a mental hospital keep you?

If you are held beyond 72 hours, you have the right to remain in the hospital for voluntary treatment. If you do not want to stay voluntarily, the facility where you are staying will conduct a certification review hearing within four days of the end of your 72-hour hold.

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

How do I stop being Baker Acted?

The Baker Act specifically states that confinement is not appropriate when any apparent harm “may be avoided through the help of willing family members or friends . . . .” Section 394.463(1)(b)(1), Florida Statutes.Feb 21, 2020

How do you get someone involuntarily committed in Florida?

It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).

Where can I take someone who is mentally unstable?

The person I care about is in crisis.Call 1-800-273-TALK (8255) to reach a 24-hour crisis center, text MHA to 741741, call 911, or go to the nearest emergency room.Find a local MHA affiliate who can provide services.Find a therapist.Find support groups.Find a hospital.More items...

How long can you be Baker Acted in Florida?

72 hoursWhat is the Baker Act? The Baker Act is a Florida law that allows people with mental illnesses to be held involuntarily for up to 72 hours in a mental health treatment facility if they meet certain criteria. The act can be initiated by judges, law enforcement officials, doctors or mental health professionals.Jun 26, 2018