Let A Behavioral Health Attorney Fight For You

Behavioral health is a term that generally refers to someone’s mental health, lifestyle, substance use, patterns of conduct, and interpersonal relationships. For those who enjoy good behavioral health, there is usually little need to think about the legal framework that relates to it. However, for a growing number of Americans, living with mental illness and other behavioral issues has become the norm. If you or a loved one are among the nearly one-quarter of the adult population with behavioral health issues, it is important that you understand the relevant legislation and the ways in which a behavioral health attorney can help protect your rights.

What Is Behavioral Health?

Behavioral health is a broad term, and behavioral health issues can crop up at any point in a person’s lifetime. Some issues can be the result of mental illness, such as chronic depression, anxiety disorder, or paranoid schizophrenia, or they can be the result of developmental disorders that emerged in childhood, such as learning disorders or autism. Elderly people who develop Alzheimer’s or senile dementia are also likely to have behavioral health issues. A common cause of behavioral health issues is addiction: alcoholism, drug abuse, and prescription drug dependency are especially prevalent, and also tend to be linked to mental health issues.

Florida’s Behavioral Health Legal Framework

In Florida, the legislature has recognized the need for a comprehensive legal framework that not only regulates the provision of behavioral health services to communities but ensures that the rights and liberties of those with mental and other behavioral health issues are adequately protected. To this end, several statutes have been passed that seek to protect people with behavioral health issues from harm while also ensuring they access the treatment they need. However, behavioral health attorneys are noticing an increased use of behavioral healthcare legislation in circumstances where it is not appropriate. Let’s take a closer look at the legislative framework before we delve a bit deeper into this issue.

The Baker Act

In brief, the Baker Act sets out the circumstances in which a person can be held by the State of Florida for an involuntary psychiatric examination by a physician or clinical psychologist at a mental healthcare facility. It also permits a person to be involuntarily held in such a facility for up to six (6) months to receive treatment for a psychiatric condition. Unless a person is taken to a facility at the instance of a law enforcement official or a qualified professional, a court may order their detention and involuntary examination. A court may grant such an order following a petition by a concerned person. In all cases, a person can only be legally held for involuntary examination if they are:

experiencing significant mental and/or emotional impairment that interferes with their ordinary life;
because of this, they are unable to recognize that they require a psychiatric evaluation; and
if they do not receive an evaluation and treatment, they will be at risk of harming themselves or others, or suffering serious neglect.

The Act allows people to be held for longer than 72 hours where it has been decided that extended detention is necessary – this is called involuntary placement. Involuntary placement can only be ordered by a court, following a petition filed by the facility where the person is being held.

The Marchman Act

The second piece of legislation that behavioral health attorneys frequently deal with is the Marchman Act. The purpose of the Marchman Act is to help people with a primary substance use disorders access the treatment they need through compelling them to receive a substance abuse services. A family membercan petition the court to have a person with substance use issues detained and held for evaluation, on an emergency basis if necessary. If the assessment concludes that the person requires treatment for a substance use disorder, a hearing will be held, and the court will decide whether to order that the person be held in a treatment center for up to ninety (90) days.

Guardianship

Guardianship applications generally represent a solution for those who have long-term issues and are likely to need assistance managing their affairs for the foreseeable future. A common example is when an elderly person has Alzheimer’s and can no longer manage their assets or affairs, and a family member seeks to be appointed as their guardian, thereby obtaining the legal authority to make medical, financial, and legal decisions on their behalf.

Risk Protection Orders

Risk Protection Orders (RPOs) allow a person’s firearm to be temporarily taken away from an individual in circumstances where they pose a risk of violence to themselves or others. RPOs may be granted when the person who filed the petition – whether a concerned family member, law enforcement official, or someone else – is able to provide clear and convincing evidence that the person’s possession of a firearm poses a real risk to themselves and others. RPOs play an important role in reducing self-harm and gun violence cases.

How Can A Behavioral Health Attorney Assist Me?

There are many instances in which you may need the services of a qualified behavioral health attorney. You might need help deciding whether the Marchman Act or Baker Act is the best legal process for a loved one experiencing a behavioral health crisis, or perhaps you need urgent legal representation because your special needs child has been wrongfully Baker Acted after having a tantrum at school. Perhaps your ailing parent is no longer in control of their affairs and is mishandling their finances, and you are questioning whether it is time to obtain a guardianship order. Maybe you’ve had your firearm taken away from you after an RPO was improperly obtained against you. In all these cases and more, an experienced attorney can help you navigate what is a complicated and ever-changing area of law.

General advice

If you’ve reached a crisis point with a loved one who has a substance use disorder or mental illness and are unsure what steps to take next, you should contact a behavioral health attorney as soon as possible. They will consult with you to understand your loved one’s circumstances and current condition, and advise you on the best path forward. They will also advise you on the possible implications of, for example, Baker Acting a loved one.

Investigation and evidence gathering

When you need to challenge an order made under the Marchman Act or Baker Act, or have an RPO set aside, an attorney will help you to gather and prepare a meticulous evidentiary record to back up your case. This could include medical reports, witness statements, and other documents.

Excellent legal representation

Should your particular case involve a court hearing, a behavioral health attorney will liaise with the court on your behalf, prepare all filings and court documents, passionately argue your case, and ensure the hearing is fair. They will also liaise with other parties, such as the treatment facility or law enforcement, on your behalf.

Strategic advocacy for your rights

An attorney will develop a sophisticated legal strategy that ensures that your loved one’s rights are protected. They will act quickly and skillfully to ensure that any liberties or freedoms being improperly denied are restored as soon as possible.

Support and healthcare resources

It goes without saying that the primary goal of all behavioral health attorneys is the well-being of their clients and loved ones. Attorneys practicing in this area have developed an extensive network of contacts in the healthcare industry and will put you in touch with professionals who can help to create a treatment plan suited to your loved one’s needs so that they can start the journey to successful recovery and your family can begin to heal.

A Florida Behavioral Health Attorney You Can Trust

Astor Simovitch Law (aka Baker Act Attorneys) is a leading Florida behavioral health law firm. We routinely help clients to get their loved ones the care they need, while ensuring their rights are respected. Our reputation for compassionate care and our track record of successful legal interventions in behavioral health cases speaks for itself.