The Florida Mental Health Act of 1971 is also known as the Baker Act. This act was formally created to protect patients rights during involuntary assessment and treatment of a mental illness. Due to its relationship with mental health, there are many consequences of being Baker Acted. Here is what you need to know about the legal implications of the Baker Act.
A Brief Summary of The Baker Act
The Baker Act is a Florida law that permits involuntary mental health examination. It is for the individuals in distress who may endanger themselves or others. When a person exhibits symptoms of a mental disorder and appears to be incapable of taking care of him or herself, a law enforcement officer, a mental health professional, or a judge can initiate an examination. This evaluation helps decide if the patient requires more treatment.
Your Rights During the Baker Act
You do not surrender your rights when you are undergoing the Baker Act assessment. Here are some important ones to know to avoid the worst consequences of being Baker Acted;
Right to an Attorney
You have the right to have an attorney explain the process and represent your interests.
Right to Refuse Medication
In most cases, you can decline medication unless it is considered an emergency.
Right to a Hearing
If you disagree with continued involuntary placement, you have the right to a hearing before a judge to challenge the decision of the facility to ask the court to grant this petition for continued treatment. This enables you to plea to a judge who will decide.
Potential Legal Concerns
After release, a victim or a patient may have some legal issues. Job security might be a concern. However, in most cases, employers cannot discriminate against employees with a history of mental illness. However, some professions have certain rules and regulations that are more rigid than others. Secondly, gun ownership is a factor. Some states may limit the ownership of firearms after the Baker Act.
The privacy of patients’ records is another vital aspect related to Baker Acts. Your PHI cannot be shared without your permission, except in legal proceedings. However, some background checks may reveal the Baker Act, depending on the circumstances.
What To Do Next
A Baker Act can be very bewildering and stressful, but there are legal services that one can seek in case of any issue arising after release.
First, you should consult with your doctor. Most states provide free or affordable legal assistance for mental health issues. These options can be researched online or by consulting local mental health agencies. Also, some organizations fight for the rights of mentally ill people, and they can provide you with assistance. Through such resources, you can protect yourself.
Consult the attorneys at Talmadge Law Firm for navigation through a Baker Act.
Avoid the Harrowing Consequences of Being Baker Acted
Talmadge Law Firm is handled by Dr. Stephen Alfred Talmadge, Jr. was awarded a Ph.D. in psychology. With his expertise and professional legal team, your case will be handled with careful hands. So, what are you waiting for? Contact Talmadge Law Firm today for legal advice and representation or visit their website for more information on their services.
