Should I “just wait and see” if my loved one has been Baker Acted?
Hello, everyone. It’s Mark! In this video, I will talk to you about the baker act and not wait to take action.
I had a call from a family. They told me their son had been baker acted into a particular facility which I have litigated against many times. They’re about as bad as it gets. I asked, how long has your son been there? About three weeks, and I said, three weeks? How is that possible? They said the facility kept telling them they were working on the case and getting their son treatment. I said, has your son been in front of a judge? No, there’s not been a hearing; no judge. Well, if there were a hearing, it would have taken place in the first week unless they’d had your son sign some paperwork, indicating he would stand voluntarily. It would have been done over zoom and right there in the facility if there was a hearing. I told them to check.
They went back, and they spoke to their son. There had been a zoom hearing that they didn’t know about. As I’ve told you in previous videos, these things are done secretly, so that’s not a surprise. The parents didn’t know about it. He had a public defender; there was a judge and a prosecutor. They decided to keep him for another 30 days. I said, I’m sorry, but it’s just too late. There’s nothing I can do about it.
Time is of the essence with these cases. The people in the Baker Act facility are not there to treat your loved one. They’re not there to be your friends and help you. I’m talking about the bad ones now, not the good ones. The bad ones are there for one thing, and that’s to make money. If you have health insurance, they’re going to be more than happy to bill your insurance company for every single day your loved one is there. Their goal is to keep them as long as possible. Suppose you call me and your loved one has been there for two three-four weeks. In that case, they’re likely to be stuck there. If they haven’t had a hearing, something nefarious has probably happened, such as having your loved one sign a voluntary admission agreement. It means that the 72 our clock you’ve all read about is not even ticking. It doesn’t even exist. It also means they don’t have to go to court and get a court order to keep your loved ones. So there are all sorts of circumventing the requirements of the baker act statute. If your loved one has been baker acted, do not wait. The first 72 hours are absolutely critical. That is the time to take action, and that’s why my phone is answered 24/7.
With that said, thanks for tuning in. See you in the next video.