Frequently Asked Questions
- What is a Baker Act? – A Baker Act is Florida’s Mental Health Act of 1971, which allows an individual emergency mental health services while under a 72 hour involuntary hold. Its main purpose is to ensure the patient’s safety as well as the public’s during this mental crisis.
- Who can initiate a Baker Act? – A Baker Act can be initiated by law enforcement, a judge or medical/mental health professionals that perceive an individual to be at risk.
- Who can lift a Baker Act? – Once initiated a Baker Act can only be lifted by a physician/psychiatrist or the courts. A patient advocate or lawyer can begin this process by petition on the patient’s behalf. Law enforcement cannot lift a Baker Act once the patient is admitted.
- Can you sue for being wrongfully Baker Acted? – YES, wrongful detention can lead to huge lawsuits compensating for loss of income, trauma, malicious intent, emotional distress and reimbursement of legal fees and related costs.