Marchman Act Vs Baker Act

There are several routes that can help a family member or loved one located in Florida that is struggling with addiction or severe mental health ailments. Robinson & Casey are well-versed in the Baker and Marchman Act for behavioral health treatment, and can best serve those who are trying to get quality care for their family members or friends. The disease of addiction it is powerful, at times it can make the addict feel as though they are impervious to real world issues, without acknowledging the addictive behaviors at all. On the other hand, persons suffering from Mental Health ailments perceive the world and their behaviors entirely differently than the rest of us, and these perceptions and behaviors can severely impact their life and safety.  

marchman act

With this mindset, those plagued with addiction and/or mental illness will most likely have an aversion to seeking treatment. Resistance to treatment is to be expected as addiction takes a severe toll on mental health. Both the Baker and Marchman Act have their place in the system to ensure that your loved ones get the help that they need, while promoting safety. These acts make it possible to regain stability in your loved one’s life while promoting a more promising tomorrow. Let’s take a look at the benefits, differences and similarities between the two acts.

Marchman Act vs Baker Act

The ways in which the Marchman Act vs Baker Act are executed and the problems they can solve are completely different. These acts are in place to allow behavioral health professionals, the courts, and law enforcement to intervene and help Florida residents if they are unable to appreciate their own need for treatment services or are a danger to themselves or others. Under Florida law, a person can be held for 72 hours and will undergo an involuntary assessment for mental health issues under a Baker Act, or substance use disorder under a Marchman Act. More specifically, the Baker Act is used to assess and treat people for mental health issues while the Marchman Act is used to assess and treat people with substance use disorder and co-occurring mental health disorders.

There is a set of criteria that must be met in order to admit those who are struggling with these issues. The following is a nonexclusive list of examples that could qualify a person to be admitted under one or both acts:

  • The person is not willing to go through an examination, assessment, or treatment or cannot determine if they need treatment in the first place (Baker Act and Marchman Act)
  • Presence of harm through neglect and refusal to take care of yourself (Baker Act and Marchman Act)
  • The person can harm themselves or others (Baker Act and Marchman Act)
  • A person using substances is substance use disorder impaired (Marchman Act)
  • The person doesn’t have the capacity to decide to seek treatment due to the nature of their substance use disorder (Marchman Act)

It’s imperative to understand the distinction of these acts and how to properly use them. Addiction causes people to make irrational and dangerous decisions. Addiction typically doesn’t act alone as many who suffer from it might also have another mental health issue. There are a variety of resources in place to ensure that you get the help that you need to recover and continue living a prosperous life.

The major distinction between these acts creates options that family and friends of the loved one can take to direct their loved one into longer term treatment. 

  • The Marchman Act allows for the family to petition the court to order longer term treatment services for a substance use disorder disorder or co-occurring mental health disorder, for up to 90 days, even when their loved one is unwilling to admit themselves. The Marchman Act’s authority gives the family the genuine ability to take proactive steps to direct longer term treatment services for their loved one who is unwilling and resistant to treatment but genuinely needs help for a substance use disorder disorder and any co-occurring mental health disorders.
  • The Baker Act leaves the decision to petition the court for longer term treatment up to the Psychiatrist at the mental health receiving facility. By doing so, this prevents the family from being involved in the case or helping direct the care of their loved one. Once that occurs, the State of Florida takes over through the State Attorney’s Office, and the State and Court determine the custody and care of this loved one. The family will not be included in the process for determining the patient’s treatment options and has limited options to direct the patient to private treatment services available in the State. Although sometimes necessary, the Baker Act does limit a family’s ability to be involved in the treatment planning process for their loved one. 

Navigating these laws can be quite tedious and confusing, especially in the midst of a family crisis. If you or someone you know has a loved one needs substance use disorder or mental health treatment but is unwilling to seek out treatment, it is prudent to contact a Florida Attorney to see how one of these two laws can help you and your family.

Marchman Act vs Baker Act: Working with an Attorney For Filing Marchman & Baker Act Cases

A licensed attorney with Robinson & Casey Law who has experience in filing these kinds of cases could be a powerful tool for your situation. They can help to prepare the legal documents, and guide you and your family throughout the legal process, including evidentiary hearings, which ensures that your loved ones are protected and treated with the highest quality of care. Our team will connect you with the treatment professionals that can help you and your loved one find the most direct path of recovery. For more information on our firm and our processes, you can contact us today to learn more!

2022-12-28T15:17:29+00:00October 21st, 2021|Blogs|

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