Blog

Involuntary Inpatient Placement Under the Baker Act in the Orlando, Florida Area

What is necessary for Involuntary Placement Under the Baker Act in the Orlando, Florida area and for the appointment of a guardian advocate? There must be “clear and convincing evidence” that because of the mental illness, a person is incapable of surviving alone or with help of willing and responsible family or friends, including available alternatives services, and without treatment, is likely to suffer from neglect, or refuse care for themself; and such neglect or refusal poses a real and present threat of substantial harm to well being or there is a substantial likelihood that in the near future that they will inflict serious bodily harm on themself or others as evidenced by recent behavior causing, attempting, or threatening such harm. Section 394.467(1)(a)2, Florida Statutes (2021). 

Voluntary or Involuntary Baker Act

In order to be Baker Acted, a person must be a danger to themself or others. That means that the person is suicidal or have made threats of suicide to someone; or the person has threatened harm to someone else. Usually, a family member, friend, or someone in the public calls the police. The police evaluate the person at the scene, and if the person is a danger to themself or others, then they Baker Act them. The police then deliver them to a mental health facility. The officers may ask the individual if they agree to be Baker Acted; that is a voluntary Baker Act. Or the officers may involuntary Baker Act the person even if they do not want to go; that is an involuntary Baker Act. 

Baker Act Evaluation

Further, a relative, family member, or friend may go to the courthouse and fill out paperwork to have someone Baker Acted. The court then determines if the criteria is met for a Baker Act. If the court finds that the criteria is met for a Baker Act, then the police serve and deliver the paperwork to the person to be Baker Acted and brought to a mental health facility where the person is evaluated by medical health personnel including a psychiatrist. Depending on the evaluation, the person can be released in 72 hours (holidays and weekends are not counted in the 72 hours) or the psychiatrist can petition the court to extend your stay at a mental health facility. If a petition to extend the person’s stay at a mental health facility is filed, then there must be a hearing to determine involuntary inpatient placement under the Baker Act. 

If you have more questions regarding a Baker Act matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.