In Florida, it is not uncommon for people who have chronic health issues to grant a trusted family member a healthcare proxy, which gives that family member the right to make medical decisions on their behalf in certain circumstances. Although healthcare proxies can give family members wide authority to make healthcare decisions on behalf of loved ones, getting third parties to recognize this authority can be difficult. This is especially so when the state takes custody of a loved one, as is the case with a Baker Act hold. If you hold a healthcare proxy in respect of a loved one who has been Baker Acted, it is crucial that you immediately consult with an experienced Baker Act attorney so that they can help you to protect your loved one’s interests.
What Is A Baker Act Hold?
In Florida, a person who is experiencing a mental health emergency may be taken into custody by law enforcement and delivered to a treatment facility (called a receiving facility in the Act) for an involuntary psychiatric examination and, where necessary, psychiatric treatment. This process, which is authorized by the Baker Act, is commonly referred to as a Baker Act hold.
The first stage of a Baker Act hold – involuntary examination – is an emergency intervention that may be initiated by law enforcement, a medical professional who has recently examined the individual concerned, or a court. The involuntary examination must be completed within 72 hours, and in this time, the person may receive emergency stabilizing treatment if necessary. If the facility’s medical personnel determine that longer-term psychiatric treatment is necessary, the facility’s representatives must file a petition for ‘involuntary placement’, which asks the court to order that the person be held for up to six (6) months to receive further treatment. As a matter of course, it is strongly recommended that you contact a Baker Act attorney as soon as your loved one has been taken into custody in terms of the Baker Act, so that you can be sure their rights are protected throughout the process.
What Is A Healthcare Proxy?
A healthcare proxy is essentially any legal mechanism that allows one person to make medical decisions on behalf of another in the event that they become incapacitated. There are numerous ways a healthcare proxy may be appointed. Most commonly, a person will designate another person to be their healthcare proxy by executing a healthcare surrogate designation, which is a type of advance directive. Alternatively, they might execute a durable power of attorney that gives their agent the power to make certain decisions on their behalf even after they have lost the capacity to make such decisions themselves.
Ultimately, the underlying rationale of a healthcare proxy is that a trusted family member or friend is given the power to advocate for a person’s best interests and ensure they receive appropriate medical treatment when they no longer have the capacity to make decisions about this treatment for themselves.
Can A Healthcare Proxy Be Used To Intervene In Your Loved One’s Baker Act Hold?
It is fairly common for Baker Act attorneys to receive inquiries from families about whether a healthcare surrogacy or power of attorney can be used to intervene in their loved one’s treatment at a Baker Act facility. On the face of it, it would seem like this should be possible: after all, if your loved one has granted you the power to make healthcare decisions on their behalf when they are incapacitated, isn’t a Baker Act hold exactly the sort of circumstance in which your healthcare surrogacy should come into effect?
Unfortunately, it is not as straightforward as this. A power of attorney or healthcare surrogacy is a legal agreement between you and your loved one. You are the sole parties to the contract. A treatment facility is not a party to the contract and is therefore not bound by its provisions. Generally, once a state facility has custody of your loved one, it will use its authority to decide how best to treat your loved one’s mental illness, and will likely not take any preferences you have for your loved one’s treatment into account. Usually, the only circumstance in which it will recognize your authority is when a court requires it to do so.
The Role Of A Baker Act Attorney In Enforcing A Healthcare Proxy
Dealing with a treatment facility that is refusing to take your wishes for your loved one’s treatment into account can be frustrating and distressing. Thankfully, an experienced Baker Act attorney can help you to enforce your authority as healthcare proxy by initiating legal proceedings against the treatment facility. An attorney can ask a court to order the treatment facility to recognize your authority in terms of the healthcare surrogacy or power of attorney (as the case may be) and allow you to have a say in your loved one’s treatment. Typically, in legal proceedings of this nature, the court will give the treatment facility an ultimatum: if it won’t recognize the healthcare proxy’s authority to have input on their loved one’s treatment, then the court will order that the facility immediately release their loved one from the Baker Act hold.
To successfully enforce your healthcare proxy, it is essential that you hire a reputable Baker Act attorney with an in-depth knowledge not just of the Baker Act but also of those areas of Florida law which concern advance directives. They also need to be a strategic litigator who is able to use your healthcare proxy effectively to leverage the best possible outcome for your loved one: securing their release from the Baker Act facility.
Securing Baker Act Release In The Absence Of A Healthcare Proxy
If your loved one hasn’t appointed you as a healthcare surrogate or granted you a durable power of attorney, you can still seek to influence their care by straightforwardly arguing for their release from the facility using the usual legal mechanisms available to challenge an involuntary Baker Act hold. This may involve filing a writ of habeas corpus petition, or opposing any petition brought by the facility for your loved one’s long-term treatment. A Baker Act attorney can help you to explore the legal options available to your family and advise you on the best course of action to secure the immediate release of your loved one. Once your loved one has been released into your care, you can help them to obtain appropriate outpatient psychiatric treatment.
Protect Your Loved One’s Best Interests With The Help Of Leading Florida Baker Act Attorneys
When a vulnerable loved one has been taken to a psychiatric facility against their will for an involuntary examination, you want to do everything in your power to ensure that they receive only the best possible treatment. Whether this involves enforcing a healthcare proxy, opposing a petition for involuntary placement, or filing a writ of habeas corpus petition, the exceptional team at Baker Act Attorneys is ready to help.
We are available 24/7 to assist Florida families navigating a loved one’s mental health emergency, and will treat your case with the compassion and urgency it deserves. For an emergency consultation, don’t hesitate to contact us today at 855-429-0074 – we’ll take care of the rest.