Category: Uncategorized


Baker Act initiation

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Every day someone who lives in Florida or a visitor is taken for involuntary psychiatric examination. Baker Act initiations occur so the POSSIBILITY of an adverse outcome is avoided. A Baker Act initiation often is only to avoid liability by police officers, or emergency room physicians, or mental health professionals. Many Baker Act initiations are […]

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The Child & The Baker Act

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During the five-year period between 2011 and 2016, the number of children in Florida who were subjected to A Baker Act rose by almost half. During the same time, Florida’s population rose by only 5.5 percent. Several highly-publicized cases involving young children have increased public consciousness. Florida sets no minimum age at which a child […]

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Competence & Mental Illness

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Mental illness and legal incompetence are not the same; it does not necessarily follow that all mentally ill people are legally incompetent.  Competency certification is a procedure during a Baker Act that can be misunderstood and applied unfairly. Psychiatrists at a Baker Act receiving facility certify competence. What may not be widely known is that someone can be held under a Baker Act […]

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Competence & Contracts

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An issue when faced with disputes about the meaning of words in a contract, courts may look outside the words to other evidence that speaks to the intent of the parties and whether there was truly a “meeting of the minds.” In the context of health care and informed consent, there may be issues of […]

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