The Florida Mental Health Act, referred to as the “Baker Act,” allows for forced psychiatric examination and hospitalization of an individual on an involuntary basis. If you are in need of a mental health attorney to navigate the complexities of this law, our experienced team is here to help. The Baker Act may be used by a physician, a mental health lawyer, a judge, or a law enforcement officer to force a psychiatric examination, almost always in an inpatient setting.

In FY 2021-2022, 170,048 Baker Act examinations were initiated. Law enforcement initiated 53% of those, followed by health professionals at 45% (mostly non-psychiatric physicians) and then by judges at 2%. An overwhelming percentage of these Baker Act examinations were due to concerns involving self-harm and involved emergency rooms with fears of an improbable outcome.

Unfortunately, 21% of these Baker Acts involved forced examination of children. Girls accounted for 62% of the kids who had a Baker Act.

Under the Baker Act, you may be admitted for up to 72 hours for psychiatric examination. However, using the legal criteria of the Baker Act found in Florida law, the person must be discharged immediately when judged that there is a less restrictive alternative to forced hospitalization. Our firm also provides support as behavior health attorneys, ensuring your rights or those of your loved ones are protected throughout the process.

The Florida Department of Children and Families has specified more than 100 facilities statewide to which a person may be admitted once it has been determined they have no medical issues which could be causing the psychiatric problems.

  • Release — you may be discharged
  • Involuntary Placement — the facility may petition the court for involuntary commitment in a psychiatric facility
  • Made “voluntary” — the facility may obtain your request to be a voluntary patient
  • Outpatient Treatment — court orders may be sought for involuntary treatment
Talmadge Law Firm can explain the various instances where hospitalization under the Baker Act may be implemented.

Why US

Why Us?

You need your own experienced lawyer to help. I am a lawyer familiar with Baker Act laws, rules, and typical procedures. My practice concentrates on working on Baker Act issues. Free self-help is insufficient. Probably, your legal rights guaranteed by Florida and Federal laws weren’t observed.
  • You need a lawyer to explain the process, get transferred, discharged, contact the facility, and to work on your behalf.
  • You want a Baker Act lawyer familiar with Florida laws and rules to complain after discharge.
  • Get correct information about your gun rights and background checks from an experienced Baker Act lawyer.
  • No office visit required.
  • Virtual office makes use of latest electronic technology.  Confidentiality ensured.
  • Flat fee instead of hourly rate
  • Discharge service with regulatory complaints included in fee.