Comparing the Marchman and Baker Act

Do you have a loved one who’s become a threat to himself or herself and to others? Does this same person refuse to get help even after a long tearful talk? Is this loved one currently residing in the state of Florida? If your answer is yes to all these questions, then it’s about time that you read up about the Marchman Act and the Baker Act. It would even be better if you’ll get a chance to talk to a Marchman Act lawyer Florida about your situation.

The Difference Between the Marchman Act and the Baker Act

  • Baker Act

Also known as the Florida Mental Health Act, it was ratified in 1971. It is used to enable families to seek evaluation, temporary detention, and involuntary mental health services on behalf of a mentally impaired individual. It is only used for those who are not capable of recognizing the need for immediate mental healthcare. Also, it can be used is to care for people who refuse to get treatment and inflict harm to others.

The state requires up to 72 hours for the issuance of Involuntary Examination court orders. Furthermore, a public defender is appointed to represent the concerned individual. This happens during the hearing of Involuntary Placement petitions that are heard within 5 days. If the court decides that the person meets statutory criteria, involuntary treatment for up to 6 months may be ordered. If there’s a reason to believe that the person’s behavior meets statutory guidelines for involuntary examination under the Baker Act, Law Enforcement is authorized to transport the person to an evaluation facility.

  • Marchman Act

This is sometimes referred to as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. It provides an individual’s loved one to seek emergency assistance and temporary detention on his or her behalf. This happens only when there’s a reason to believe that the individual is struggling with drug and alcohol abuse and appears to pose danger to himself or herself and to others. Marchman Act Involuntary Treatment petitions are heard in court within 5 days. A public defender is also appointed to represent the person. Once the court decides that the individual meets the statutory criteria, an involuntary treatment may be ordered for up to 60 days.

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Talk to a Marchman Act Lawyer Florida

 Schedule an appointment with a Marchman Act lawyer Florida today. Here at Drug and Alcohol Attorneys, we are here to assist you in learning more about the Marchman Act. Contact us today for more information.

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