If you have a loved one who has a severe mental illness, you become extra protective of them. You give extra effort in making sure patients are away from the judgmental eyes of society and that they’re not put into situations where freedom is not an option. However, there are unavoidable circumstances where your loved one gets taken over by his illness and becomes a threat not just to themselves but also to others.
As much as we want our loved ones to always be near us, there are instances where we have to give them up for professional care as we know it’s for the benefit of everyone. Despite the good intentions, there are cases of wrongful Baker Act, so it’s highly advised to be educated to avoid any incident from happening.
The Baker Act, also widely recognized as the Florida Mental Health Act, allows you or other individuals to contact emergency mental health support services if your loved one is displaying dangerous and violent behaviors to himself or others. As long as they are deemed a danger, they may be admitted against their will and without their consent.
However, one negative possibility is that the institution may inevitably create more severe harm to the patient’s existing condition by making unfitted treatment choices for them. This is where a wrongful Baker Act occurs, and you may need to contact a defense lawyer to keep your loved one safe from abuse and further harm.
But, does the Baker Act only exist in Florida? The answer is both yes and no. Even though the Baker Act is only a Florida state law, the subordinate clause “Baker Acting” has become popular as a slang word for involuntary commitment in other country areas. In other regions, Involuntary Commitment Laws exist and below are some similarities with the baker act.
A “criteria” for someone to be admitted
In general, the criteria for committing someone to an institution include the person having a diagnosed mental health disorder, posing a severe risk to themselves or others, and being too incapacitated to do standard care for their everyday necessities.
These criteria intend to help people who require mental health support but cannot choose to seek treatment on their own. These guidelines are followed by all states adapting this law, but to some, certain exceptions and revisions are made.
Who can call out the attention of mental health facilities/professionals
Most commonly, anyone can initiate the admission process by dialing 911 or informing authorities of the circumstance. The one who dialed will then become a “petitioner” or someone who stimulated the commitment.
They can be a friend, family member, or other concerned individuals. The petitioner collaborates with the individual’s relatives, professionals, enforcement agencies, doctors, and judicial officers to ensure the process is done accordingly. This factor, like the criteria, varies from state to state.
The amount of time an individual can only be committed
The hospitalization for involuntary commitments varies by state as well. Each state determines the durations and keeps them to a minimal level to avoid violating the rights of the admitted individuals. They are also standardized, and medical personnel can recommend extended admission depending on the patient’s health care needs.
The Baker Act might only exist in Florida, but this doesn’t mean help is not available in other states. With the existence of Involuntary Commitment Laws, you can still help your loved ones and make sure they’re being properly taken care of, despite their existing mental health conditions.
