Does a person detained under the Bakers Act have any rights?

Question

If someone is admitted to a facility under the Bakers Act but has been held for over 24 (of the 72) hours without receiving any sort of therapy - or if the facility is not clean - or if s/he is held with people with much larger psychological problems - does that person and/or their guardian have any rights in getting him/her release from the facility prior to the 72 hour holding period?

Under Florida Law....

Answer 1

Relax! They need that 72 hour vacation from what or who ever is driving them nuts. Give everyone a break and Chill. Let the system work instead of trying to work the system. Ask them if my room is ready yet.

Answer 2

I'm not sure of which state you are in.

But, I can tell you that the person will be subject to an evaluation, which may take longer than 72 hrs to get. Simply put, it takes time and manpower to get this done. It does not happen within 5 minutes....sorry. And they will have a court appointed attorney.

Once an evaluation has been made, that person is subject to being held UNTIL a space becomes available at a suitable facility.

IF this person was placed in "restraint" by the court or an officer of the court. The guardian may have NO rights during this process, other than to complain loudly.

One the evaluation has been preformed, a guardian may be allowed to "sign" for release of said person. But keep in mind, that said guardian will be FULLY responsible for ANY act that person commits that is against the law.

If the eval fairs well for the person...they will be released immediately.

I do not know if the link below covers this in full detail....But you should really speak to an attorney BEFORE you sign out a person.

Answer 3

What country or state are you referring to?

Answer 4

BAKERS ACT has to do with baking, believe it or not.


Its called the BAKER ACT. Get it right. Go here for answers:
http://www.clerk.co.okeechobee.fl.us/Baker_act.htm