You don’t see your loved one in trouble. You want to do what you can to help them. If they are fighting mental illness. You can help them find a therapist or facility where they can go and get treatment and medication. You can always call the police or a wrongful baker act lawyers to see what they can do.
Baker act attorney is helpful for you in every step.
The facility could cause actual harm to your loved one’s life and make critical medical decisions for them. Maybe a concerned citizen called the police on your loved one because they behaved erratically, but you know the perfectly innocent reason for this behavior. You don’t want your loved one locked up in a facility for days, or in the worst case. Months without the ability to freely do their planning. No matter what situation you’re dealing with, it helps to learn about Baker’s Law so you can help your loved one as soon as possible. Time is accurate in any situation, and a Baker Act attorney will help you every step.
Who determines whether an individual can be involuntarily committed to a baker act facility?
There are three types of people who may choose to send a loved one to a facility. The first is a mental health professional such as a marriage and family therapist, psychotherapist, psychiatrist, or clinical social worker. They would have to create a certificate that says they have evaluated your loved one within the last 48 hours. In their professional opinion, they meet the baker act criteria for an involuntary evaluation. The other is a law enforcement officer who believes your loved one meets the same standards. The third is a court representative who can send an order saying that your loved one appears to meet the criteria and needs to go to an involuntary evaluation facility. Attorneys could also determine that your loved one must stay because of a mental health problem, or they could work to release your loved one.
How long can the facility hold an individual for the baker act?
A doctor, psychiatrist, or psychiatric nurse has up to 48 hours to determine whether an individual should be detain for involuntary placement for up to 72 hours. During this time, attempts are make to treat and stabilize the individual. However, keep in mind that if the end of these 72 hours falls on a weekend or holiday, they may detain the individual until the following calendar day. The facility must have written evidence that it attempted to contact your loved one’s guardian, attorney, medical representative, or representative included in the baker act. The medical staff at the facility could determine the number of things. For example, your loved one may have a medical condition that causes them to behave in a certain way, and it is not a mental health problem.
What must happen within 72 hours of the baker act?
Within 72 hours, the facility of the baker act must decide on your loved one. They have more options. Additionally, they could release your loved one without any conditions.
Moreover, release them to voluntary outpatient treatment, and ask them to consent to admission to a voluntary inpatient treatment facility or file a petition for involuntary placement with the court when inpatient or outpatient treatment is critical. But your loved one won’t go.
Can you fight against involuntary placement in the baker act?
You can fight against an involuntary placement for your loved one. However, when they were taken against their will to a reception attorney, it turned into a run to the courthouse. If the receiving facility files a petition in circuit court asking for an involuntary placement order, it asks the state to begin making decisions for your loved one. They could ask the court to order that your loved one be involuntarily detained for up to six months. You must go to court if your loved one wants to get out of the reception facility. That would be a petition demanding the immediate release of your loved one. You could handle this with the help of a Baker Act attorney.