Have you ever heard about the Baker Act? Under this Florida law, authorities can examine and treat someone who shows signs of mental illness and poses a threat to themselves or others. This article will explain the Baker Act rules and explain your rights while showing you what happens when someone needs help under this law.
When Can the Baker Act Be Invoked?
The Baker Act can be initiated by:
- Law enforcement officers – They are required to take action when they see conduct that puts the person at risk of hurting themselves or others.
- Physicians – The professional feels the person needs urgent mental health care now.
- Mental health professionals – They can start the Baker Act process when they think the person represents a direct danger.
What Happens During a Baker Act Evaluation?
There are three steps that happen during a baker act evaluation.
Initial Screening – Authorized officers or law enforcement personnel will start by checking if there are good reasons to invoke the Baker Act.
- Medical Examination – A licensed physician or health care provider professional at a designated receiving facility will examine the person.
- Determination of Need for Treatment – The doctor who examines the patient will decide if Baker Act involuntary treatment rules apply.
Your Rights During a Baker Act Involuntary Hold
If you’re held against your will under the Baker Act, you have important rights. You have the right to talk with a lawyer at any time during your evaluation and to decline medical treatment except when necessary in an emergency.
Beyond the Hold – What Comes After?
The Baker Act provides help to people in crisis. Following the assessment, the treatment team will recommend one of these options.
- Stay in a hospital for advanced medical care.
- Treatment through prescribed medications.
- Access to community resources plus support groups.
- Discharge
Important Considerations
- The Baker Act creates lasting social and occupational problems for someone who undergoes this treatment.
- Most Baker Act evaluation results stay private except under specific conditions.
- When possible, look into non-coercive treatment options before making someone receive involuntary care.
Baker Act Questions? Talmadge Law Firm Has the Answers
At Talmadge Law Firm, our mental health law experts are ready to help you go through your situation. Our legal team of experts will explain your rights and choices while fighting for what is best for you. So, what are you waiting for? Contact us now to discuss your situation.
