The Baker Act is a Florida law that allows for the involuntary examination and treatment of individuals deemed a threat to themselves or others. It ensures safety and access to mental health care, but it can be very confusing. That is where a Baker Act lawyer becomes invaluable. Understanding your rights and navigating the legal system can be overwhelming, especially during a crisis. Following is all that you need to know about the Baker Act and your rights included in it:
Ensuring You Understand Your Rights
The Baker Act grants specific rights to individuals subjected to involuntary examination. These include the right to:
- Find out why you have been Baker Acted. You have the right to know why you’re being detained and have access to the petition for your involuntary holding.
- Legal representation. Under the Baker Act, you have the right to have an attorney present at all proceedings. Your lawyer can make your rights; even if you have no rights, your lawyer can fight for you.
- The individual can state no willingness to take the medication or result in the treatment. Under this constitution, you cannot accept any medication or treatment you do not want, but conditions apply. You need to be advised on the idea of informed consent, and your lawyer assists you in seeking what you want within the law.
- Independent examination. You can get a second opinion from a qualified mental health care provider other than the one who made the first assessment. Your lawyer can help make this request.
- Hearing before a judge. Within five business days of your involuntary hold, an administrative hearing will be conducted to decide whether or not the commitment is required. In this case, you will have your lawyer, who will stand for you in court and argue against an elongated commitment.
- Release upon meeting criteria. In this instance, once you can’t jeopardize your life or the lives of others, you have the liberty to go. Your lawyer can demand that you be released and can make sure all the proper actions for a safe discharge have been taken.
- If you are unhappy with the Baker Act evaluation the mental health professional conducted and believe it to be inaccurate or unfair.
When to Hire a Baker Act Lawyer?
While not mandatory, having a Baker Act lawyer can significantly improve your experience. Here are some situations where legal counsel is highly recommended:
- If you think you do not fit the criteria for forced confinement.
- If you are distal to the threat of involuntary further treatment for far longer than the conserving detention.
- This scale can be helpful if a client desires to seek alternative treatments to traditional medicine.
- If you have concerns about your decision on the Baker Act, commitment will negatively affect your future.
Protect Your Rights, Get Expert Help!
Are you facing a Baker Act situation? Don’t navigate the legal system alone. Talmadge Law Firm has experience protecting your rights and advocating for your best interests. We understand the Baker Act process and can guide you through every step. Contact us today for a consultation. We’re here to help.
