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What is Required to Subject Someone to a Baker Act in the Orlando, Florida Area?

The Baker Act is covered in Florida Statute 394. Florida Statute 394.463(1) sets forth the bases for subjecting an individual to an involuntary examination under the Baker Act. It states as follows:

A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness:

A

1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or    
2. The person is unable to determine for himself or herself whether examination is necessary; and 

B 

1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself: such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or 
2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.  

Reasons to Consider the Baker Act Option

Many times, a relative or friend will call the police because their loved one or friend is acting erratic, suicidal, or violent. Other times an individual may be acting strangely; and/or socially inappropriate in the public arena. A complete stranger may call the police to alert them if, for example, the individual is wandering in traffic or half dressed. 

What Happens When the Baker Act is Enforced

Under the aforementioned circumstances, when the police arrive, they examine and talk with the individual; and using the criteria above, they determine whether to transport the individual to a facility for evaluation. In Seminole County, Florida, many times, the person is brought to South Seminole Hospital for an evaluation. 

A person may be held for 72 hours without a hearing. After such incidents, depending on the individual’s diagnosis and prior history of mental illness, a friend or loved one may petition the court for guardianship on behalf of that individual. 

If you have more questions regarding a Guardianship 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.