Experienced Miami Baker Act Attorney Protecting Your Loved Ones’ Rights

When a person is experiencing a mental health crisis, it is critical that they receive urgent psychiatric treatment to reduce the risk that they will cause harm to themselves or others. When the Florida Baker Act is enacted, a person who meets certain behavioral criteria can be taken into custody for an involuntary psychiatric assessment and stabilization.

Although the Act can be a life-saving tool when used appropriately, it is unfortunately often misapplied, resulting in the detention of individuals who would be better served by outpatient services or by receiving family support. If your loved one has been subject to a Baker Act hold in Miami, Baker Act Attorneys is here to help.

Our firm is renowned for offering outstanding legal support to families whose loved ones have been Baker Acted. Using our depth of legal and practical expertise, developed through years of experience challenging wrongful Baker Acts in Florida’s courts, we will work around the clock to secure your loved one’s release. If your loved one is in crisis and you don’t know where to turn, don’t despair: our exceptional team is just a phone call away.

What Is The Baker Act?

Section 394 of the Florida Statutes, also known as the Baker Act, was introduced in recognition of the fact that mental illness is a public health concern and that individuals experiencing a mental health emergency need protection and support. The Act allows a person who is exhibiting certain behaviors – for example, they are threatening to harm themselves or they are in a state of psychosis – to be placed in a facility for involuntary psychiatric examination and assessment. This is colloquially referred to as a ‘Baker Act’ or ‘Baker Act hold’.

A person may be held involuntarily for up to 72 hours while they are being assessed and stabilized. Thereafter, they must be released, unless the facility files a ‘petition for involuntary placement’ requesting a court order that they be held for further treatment, or they agree to remain on a Voluntary Admission basis. However, in some cases, individuals are held for much longer than 72 hours, causing them significant emotional distress. It is essential that you reach out to a Miami Baker Act attorney immediately if your loved one is Baker Acted, so that you can be sure due process is followed and that they are released quickly.

Who Can Carry Out An Involuntary Baker Act Hold?

There are three legal ‘routes’ to initiating an involuntary Baker Act hold. In each case, the person who decides to initiate the Baker Act hold must be satisfied that the Act’s criteria for involuntary examination have been met. A Baker Act hold can be initiated by:

1. A law enforcement official who determines that the individual meets the Act’s criteria; or
2. An appropriately qualified medical professional who has examined a person who meets the Act’s criteria within the past 48 hours; or
3. A court, following a successful petition for involuntary examination brought by a family member or concerned individual.

As soon as you receive notice that your loved one has been placed in a receiving facility in Miami, you should contact a reputable Baker Act Attorney to seek advice on your next steps.

Criteria For Involuntary Evaluation

A person may only be taken into custody for an involuntary examination and assessment if they meet the Act’s criteria. Specifically, there must be reason to believe that the person is mentally or emotionally impaired as a result of mental illness, and because of this impairment:

1. They are unable to meet the demands of ordinary life, or cannot perceive reality; and
2. They have refused to undergo a voluntary psychiatric examination, or are unable to determine for themselves whether they require such an examination; and
3. Without treatment, there is a real risk that they will suffer neglect to such an extent that they will suffer serious harm, and this risk cannot be reduced with the support of family; alternatively, without treatment, there is a real and present risk that the person will cause serious harm to themselves or others.

In all cases, there must be clear evidence to show that these criteria have been met. The criteria make clear that the Baker Act should only be used in mental health emergencies, but concerningly, its provisions are often misapplied. If you think your loved one has been Baker Acted without legal basis in Miami, Baker Act Attorneys is your first port of call.

Common Cases Of Wrongful Baker Acts In Miami

Although many Baker Act interventions are crucial for getting those experiencing a mental health crisis the treatment they need, wrongful Baker Act holds are also common. The team at Baker Act Attorneys has stepped in when Miami law enforcement officials have taken a person’s behavior out of context and carried out a Baker Act hold without adequate justification.

We have also intervened in cases where a person presents themselves at the ER for a medical issue but later refuses medical treatment, and is then Baker Acted on account of their refusal (even though they are not experiencing a mental health crisis and are fully within their rights to refuse medical treatment). The likelihood of a wrongful Baker Act hold also increases when a person who has health insurance is taken to an unscrupulous facility. Unethical facilities may attempt to hold Baker Act patients for longer than is legally permissible in order to charge exorbitant medical bills.

How Can A Baker Act Attorney Help Challenge My Loved One’s Involuntary Baker Act?

If someone you love has been Baker Acted, you are likely feeling distressed and overwhelmed as you attempt to support your loved one while navigating the Act’s complex provisions. Thankfully, you don’t need to face these difficult circumstances alone: the team at Baker Act Attorneys has a wealth of experience in challenging involuntary Baker Act holds and will help you to secure your loved one’s immediate release.

Demanding the release of your loved one

As your legal representatives, our first step will be to demand the release of your loved one from the Miami facility in which they’re being held. Many attorneys find that simply issuing such a demand is sufficient: facilities are wary of being taken to court, and are often willing to release people once they realize that their families have hired legal representation. We will also make clear to the facility’s representatives that if they intend to file a petition for involuntary placement, we will oppose it vigorously.

Challenging the petition for involuntary placement

If the receiving facility has filed a petition for the long-term involuntary placement of your loved one, we will immediately begin preparing opposing legal papers, arguing forcefully for the patient to be released. Our team will gather a comprehensive body of evidence to demonstrate why further confinement would not be appropriate in your loved one’s case, and will use medical records and witness statements to support our arguments.

Experienced Baker Act Attorneys Are Here To Help Miami Families

Finding out that a loved one has been Baker Acted can be frightening and upsetting. At Baker Act Attorneys, we strive to offer exceptional legal support to Miami families whose loved ones have been subject to involuntary Baker Act holds. Our leading Baker Act attorney, Mark Astor, is committed to defending the rights of all those who have been unlawfully Baker Acted and will work tirelessly to ensure your loved one’s immediate release.

We are available round-the-clock to help you navigate the complexities of the Baker Act – all you need to do is give us a call at 855-429-0074, and we’ll help you arrange a confidential consultation.