The Baker Act is a law that provides emergency evaluation and care for those experiencing a severe mental health crisis. It helps those who are a danger to themselves or others but refuse to get treatment voluntarily. Understanding how the Baker Act works can certainly be important. This blog provides a guide on what you need to know about this type of law.
What Is the Baker Act and Why Is It Important?
The Baker Act was passed to provide immediate help for individuals in extreme mental distress. The law allows for temporary involuntary hospitalization of a person who:
- Shows signs of severe mental illness
- Poses a danger to themselves or others
- Is unable to make rational decisions about their treatment
Who Can Initiate a Baker Act?
It is not just anyone who can place someone under the Baker Act. Only specific professionals have the legal authority to do so, including:
- Law enforcement officers
- Doctors and mental health professionals
- Judges
You cannot Baker Act a loved one yourself if you are concerned about them. However, if you want to evaluate the situation, you can contact authorities.
What Happens When Someone Is Baker Acted?
When a person is Baker Acted, they are taken to a mental health facility for evaluation.
- 72-Hour Evaluation – Mental health professionals assess the person for up to 3 days.
- Treatment Plan – This, evaluation could involve needing to be treated for longer.
- Release or Continued Care – If the individual is not a danger, they may be released after their evaluation.
The Baker Act is not to punish individuals but to care for and prevent harm.
What Rights Does a Person Have Under the Baker Act?
People placed under the Baker Act still have legal rights. These include:
- The Right to an Attorney
- The Right to a Hearing
- The Right to Refuse Treatment
- The Right To Vote
- The Right To Have Visits
- The Right To Dignity
It’s important to understand these rights to ensure fair treatment in the process.
Facing a Baker Act Case? Let Talmadge Law Firm Help!
The Baker Act can certainly be confusing. So, if you need any legal guidance on the Baker Act, Talmadge Law Firm is here to help. We have experience handling cases of mental health laws and can also provide the assistance you need. Contact us right away at (321) 285-6712 for professional advice.
