The Florida Mental Health Care Act – commonly referred to as the Baker Act – has changed countless lives for the better. For many decades, its processes have been used to ensure that people in the depths of a mental health crisis are not abandoned by society, but are rather given the care they urgently need. However, although being Baker Acted may come as a saving grace, it is not without long-term implications. Few people have an adequate grasp of what being involuntarily committed means for their future, and are shocked when a Baker Act attorney informs them of the possible consequences. Understanding the potential adverse impact a Baker Act could have on you or your loved one is critical if you are deciding what steps to take after an involuntary Baker Act.
The Baker Act In A Nutshell
Over the past few years, mental health awareness has grown dramatically. This positive development has encouraged millions to take better care of themselves and reach out for help when they need it. Many people who struggle with their mental health do not need to be involuntarily committed – joining a support group, seeing a therapist, and taking medication prescribed by an experienced mental health professional can all make a world of difference. However, in some cases, these interventions are insufficient. For those who are in a state of psychosis, or who are experiencing a mental health crisis so severe that they have become a threat to themselves or others, it is in their best interests to be placed in a receiving facility – even when this goes against their wishes.
This is where the Baker Act comes in: it provides a legal mechanism for taking a person into custody and delivering them to a receiving facility for assessment and stabilization. An involuntary Baker Act hold can be initiated by a court (following a petition brought by a concerned individual), a law enforcement officer, or a qualified professional. Regardless of how an involuntary Baker Act hold is initiated, though, a person should only be detained if they meet certain criteria. They must be experiencing symptoms of emotional and mental impairment of such a degree that they are no longer perceiving reality, cannot appreciate that they need treatment, or have refused treatment, and are at risk of serious neglect or of harming themselves or others. If you or someone you know has been Baker Acted despite not meeting these criteria, you should immediately contact a Baker Act attorney for advice.

Involuntary Evaluation And Commitment
When someone has been involuntarily Baker Acted, they may only be held in a receiving facility for up to 72 hours. In this period, they must be examined and evaluated by a qualified professional, such as a psychiatrist, physician, or clinical psychologist. After examination, the person must either be released, the facility must petition a court to commit the person for long-term treatment, or they must give informed consent to remain on a voluntary admission basis. In some cases, a person can be held for treatment for as long as six months.
If you have been involuntarily Baker Acted, you must consult with an experienced Baker Act attorney as soon as possible if you believe that you have been taken into custody wrongfully. It is far more difficult to challenge a wrongful Baker Act detention once you have been involuntarily committed for long-term treatment by a court. And, if your loved one has been improperly Baker Acted, don’t assume that waiting out the 72-hour hold period is the answer: if they are not represented by a skilled Baker Act attorney at the hearing for their involuntary commitment, there is a risk that they will be held in a facility for much longer. It is important to remember that while involuntary commitment may be an appropriate stabilization for those with severe mental illness, for those with mild to moderate mental illness, there are numerous less restrictive interventions available.

Potential Consequences Of Being Baker Acted
Many people decide not to challenge their Baker Act hold, hoping to be released instead. However, being Baker Acted can have significant consequences, which can be mitigated when a Baker Act hold is contested quickly.
Financial consequences
While many receiving facilities provide patients with excellent care and discharge them when it is appropriate to do so, some facilities engage in unethical practices. It is not uncommon for unscrupulous facilities to hold a patient for much longer than is medically necessary. There is a much greater risk of this happening when the patient has medical insurance, as the facility stands to derive significant financial benefits from holding such patients for longer. However, medical insurance companies may not cover the full cost of the treatment, leaving the patient who was unnecessarily Baker Acted responsible for the medical bills.
Psychological consequences
Though involuntary commitment under the Baker Act is intended to stabilize and improve the patient’s mental health, a wrongful Baker Act can have the opposite effect. Those who have been Baker Acted improperly often suffer emotional and mental distress, and some are mistreated by the institutions in which they are placed. The long-term trauma that these patients have to deal with can be devastating for their work and personal lives, ironically leaving them with worse mental health than they had prior to their Baker Act hold. The social stigma and judgment that often follow involuntary detention and/or commitment only serve to heighten the significant emotional and psychological impacts of being Baker Acted.
How Can I Limit The Impact Of Being Baker Acted?
Unfortunately, a Baker Act cannot be expunged. This means that it will always form part of your medical records. But that isn’t a reason to despair: if you are able to successfully challenge your wrongful Baker Act in court, this can also be disclosed along with your Baker Act record. Once you have a court judgment ruling that you were held unlawfully, or are released after successfully petitioning for your release, you will be able to explain to anyone who discovers that you were Baker Acted that your detention was unlawful and without basis. The sooner you contact an experienced Baker Act attorney to fight your detention, the more protected you will be from the long term consequences of a wrongful Baker Act, whether they be financial, professional, or psychological in nature.
For this reason, it is strongly recommended that you contact a qualified Baker Act attorney immediately if you or a loved one is taken into custody..
A Respected Baker Attorney Is Here To Protect Your Interests
Being detained under the Baker Act is an incredibly stressful experience that requires outstanding legal support. At Baker Act Attorneys, we strive to limit both the short- and long-term consequences that being Baker Acted will have for you and your family. Our dedicated team of attorneys will work tirelessly to secure your release from detention and ensure that your rights are protected.
Contact us today at 855-429-0074 for an emergency consultation or to inquire further about our legal services.