{"id":11556,"date":"2026-10-22T02:43:06","date_gmt":"2026-10-22T02:43:06","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/baker-act-rules\/"},"modified":"2026-10-30T06:59:50","modified_gmt":"2026-10-30T06:59:50","slug":"baker-act-rules","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/baker-act-rules\/","title":{"rendered":"Marchman Act and Guardianship in Florida: Next Steps for Families"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida and Statewide<\/p>

Facing a Marchman Act or Guardianship Decision? Take the Next Step With Clear Guidance<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation with no obligation to continue.<\/p>

Schedule a Free Consultation or Call (561) 849-4149<\/a><\/div>
Schedule a Free Consultation or Call (561) 849-4149<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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Your First Consultation<\/h2>\n

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Free<\/h3>

Initial consultation<\/p><\/div>

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Confidential<\/h3>

Your conversation stays private<\/p><\/div>

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No obligation<\/h3>

No commitment to continue<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 21, 2026<\/p>\n\n

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Baker Act Rules in Florida: 72-Hour Hold and Next Steps<\/h2>\n

Florida’s Baker Act is the state law for short, involuntary mental health examinations. A person may be held for up to 72 hours, and that hold is only the first step. The decisions that follow can have longer legal effects. This page explains how the Marchman Act works, how it differs from guardianship, and what to gather before you decide on a next step.<\/p>\n\n

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If a family member was just taken for an evaluation and you're not sure what comes next, we can talk through which Florida process may fit your facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What the Baker Act Is and Who It Covers<\/h2>\n

The Baker Act is Florida’s law for involuntary mental health examinations. Section 394.463 of the Florida Statutes<\/a> sets out the criteria for taking a person to a receiving facility for involuntary examination. Under Florida law, a person may be taken to a receiving facility if there is reason to believe they have a mental illness and, because of it, meet the statute’s criteria.<\/p>\n

The law defines mental illness narrowly. Under Florida’s definition of mental illness<\/a>, the term leaves out a developmental disability as defined in chapter 393, intoxication, conditions manifested only by dementia or traumatic brain injury, antisocial behavior, and substance abuse. That’s why substance use cases usually follow a different law.<\/p>\n

Not every hold starts with a judge. The Florida Courts Baker Act guide<\/a> describes the ways an examination can begin. One is an ex parte order, which a judge signs based on sworn facts without the other side present.<\/p>\n

Baker Act vs. Marchman Act: Which Law Applies<\/h2>\n

The Baker Act covers mental illness. The Marchman Act covers substance abuse impairment. Some cases involve both, so the facts decide which law fits.<\/p>\n