Will you file a Baker Act petition for me if I agree to file a Marchman Act and/or guardianship after?
Hi, everyone. It’s Mark, and welcome back.
In this video, I want to talk to you about hiring my firm to file a Baker Act.
If you’ve watched any of the videos I put out there, you will know that I am not a proponent of using the Baker Act because it’s not a treatment statute. I have told you that if great for emergencies. The Baker Act is specifically designed for emergency stabilization, and you should call 9-1-1. I even have a member on my team who’s a licensed clinical social worker who will go to the scene, and if your loved one meets the criteria, we will initiate a Baker Act.
The baker act statute is not designed for treatment. I always shudder when I hear stories of people who have been told to go to the courthouse and file a Baker Act, and then they call me because their loved one is stuck there.
I had one family that called me and to file the Baker Act. I told them I’ll only file the Baker Act under one condition. You will follow it up with hiring either my firm or another firm to file a Guardianship or a Marchman Act. They asked why do we need to do that if we’re using the Baker Act? Well, the Baker Act is purely for emergency stabilization, and it authorizes the state to take care of custody and control over your loved one for a period of up to 72 hours. After 72 hours, one of two things will happen: either they will be released or, worse yet, the facility, which is an agent of the state, will run to court to file a petition for involuntary placement. They’re going to ask for authority from a judge to keep your loved one potentially for up to six months. If you have health insurance, they’ll be more than happy to oblige and bill your insurance company. They will be happy to send you a bill for services rendered.
I hate to beat a dead horse, but the Baker Act is not a treatment statute. I don’t want to file a petition to have your loved one baker-acted, but I will if you are willing to follow it up with a Marchman Act or Guardianship so that you as the family may contain control of the situation. You don’t want the state making decisions for your loved one. You know the best for your spouse, child, and significant other. Don’t let the state take control over your loved one.
Thanks for tuning in. Take care of yourselves, and until the next video.