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When can individuals rely on the Marchman and Baker acts?

On Behalf of | May 27, 2024 | Baker Act, Marchman Act |

Many Florida residents struggle with addiction or mental health issues that negatively affect their everyday lives. It can be difficult to help someone with these issues if they are not willing to seek treatment. However, the Marchman Act and the Baker Act can help ensure that individuals who really need help are taken care of, even if they are unwilling to seek help themselves.

Florida, along with several other states, allow for the involuntary commitment of an individual with alcohol or substance abuse issues or mental health issues.

Marchman Act v. Baker Act

Families can rely on both the Marchman Act and Baker Act to give their loved one the support they need. While these two acts are similar, they have different criteria.

Individuals with drug or alcohol issues may be able to rely on the Marchman Act. The Marchman Act allows for a person to be held involuntarily for up to five days if their alcohol or substance abuse issues make them a danger to themselves or other people. Following the five-day hold, the person may be ordered by the court to enter an inpatient treatment program for up to 60 days.

Individuals with a mental illness (e.g., dementia or developmental disability) may be able to rely on the Baker Act. The Baker Act will allow for a 72-hour involuntary hold in a psychiatric unit due to a person’s mental illness putting them at risk of physical harm to themselves or other people. Following the hold, any treatment requested must be voluntary.

When a person does not receive the care they need, the consequences can be severe. The Marchman and Baker acts are essential to helping protect your loved ones when they are struggling.

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