The Florida Mental Health Act of 1971 is commonly known as the "Baker Act" in Florida. It was originally enacted, at least in part, because of widespread instances of elder abuse, in which one or more family members would have another family member committed in order to gain control over their estate prior to their death. Once committed, it was difficult for many of the patients to obtain representation, and they became warehoused until their death. The Florida State Hospital at Chattahoochee, Florida was notorious for housing many such patients. The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians or mental health professionals. There must be evidence that the person
* a) has a mental illness (as defined in the Baker Act) and * b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).
Examinations may last up to 72 hours and occur in 100+ Florida Department of Children and Families (DCF; originally Department of Health and Rehabilitative Services, or HRS) designated receiving facilities statewide. There are many possible outcomes following examination of the patient. This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment). The involuntary outpatient placement language in the Baker Act took effect in 2005. This very law which was originally intended to protect the elderly, now has morphed into something that can become their worse nightmare. I am the caregiver for my friend Murray, and I brought him to the hospital last week with severe abdominal pains and non responsive constipation. They took several cat scans, diagnosed apendicolith, then the surgeon explained that everything looked normal. While explaining this to Murray, Murray asked the doctor to give him a lethal injection, and mentioned that if not, he would go home and kill himself. Next thing I know, he is in ICU, and no one is saying much of anything about his condition. Finally, a nurse tells me that he was Baker Acted..Murray realized that he said the wrong thing to the wrong person, but now must undergo 3 days of observation and testing...perhaps more. I immediately went to his house, packed up his guns, and safely hid them where Murray will not find them. The problem now is a very furious Murray, possibility of involuntary commitment, and dcf involvement. This type of action makes it impossible to be a caregiver and just adds more frustration to the problem. Funny how we "humanely" give lethal injection to dogs and cats because a home cannot be found for them, but we do everything in our power to maintain life for people, despite the fact that they are in serious pain, mental confusion, and their quality of life is so poor... Anyway, for all caregivers in Florida, this is a serious situation, and I also fear that someday, my dw may also be "Baker Acted" due to her behavior, and this would be totally devasting for her and for her caregivers// I urge you all to protect your loved ones and try to make them aware that their behavior could result in this Baker act..
What a travesty and likely not unique to Florida. Would probably be good advice for everybody to find out if there is similar law in their state. Hang in there, Phranque. You do so much good for so many. Bless you.
Phranque, thank you for completely explaining the Baker Act. I knew about parts of it from those here who have had to use it. I'm so sorry Murray is in the situation he is in. Does the fact that you have papers giving you authority for him not count at all? I would think that they would override the Baker Act, but obviously not. It would be good if you could be present during any of the questioning or be questioned by those making the decisions? I'm sorry this happened to Murray. Hopefully, he's seen the light (after you talked to him) and will retract his statements.
My husband was Baker Acted. At that time I was appointed his legal guardian. I had to agree-or disagree-with every treatment option. Nothing was done without my consent. At the time of my husband's admission to a psych unit he was totally out of control. He was in a continuous rage and a danger to himself and others (including me). He would not have agreed with his diagnosis or any treatment mode. The three day limit of involuntary admission is a protection in time of danger. It takes a court order to continue the admission and that process is not taken lightly. My guardianship was terminated at the time of my husband's discharge from the unit. During the process he was put on the proper medication and got an extra year at home. For us there was no other solution. You cannot force a psychotic person to accept treatment any other way.
Wow, I have to re-read and re-think, this is so much to take in. Frank, breathe, consult a free, legal service and breathe. You are the ultimate caregiver and you will get through this. Remember, Murray trusts you, and rightfully so. Arms around, Susan
We have a member of this website who is extremely active in Florida in awareness raising of the Baker Act and its effect on dementia patients. She is a wealth of information - I will contact her tomorrow - I am sure she will share everything she knows and has done with everyone.
The Baker act started out great, to protect the elderly, but like all laws, it is being used a bit too much sometimes. I remember watching my mom pulling out wires and catherers when she had a triple bypass 6 yrs ago. She kept saying that she wanted to die, and fortunately we avoided the Baker act. One thing that I did notice was that Murray was put on morphine for the pain, and I immediately noticed a change in him. He is a bit goofy and despondent. So, how can they drug someone, then Baker act them when they show obvious signs of delusion. Murray is not a dementia patient, and he has been living alone for 6 yrs. His house is neat, clean, organized, and he has no problems caring for himself. But give him pain, constipation and drugs (he takes NO medications), and he becomes a totally different person. And being a non=related caregiver gives me absolutely no rights despite all the legal paperwork. It is sad to see how hospitals treat their patients. They take over everything, ignore what caregivers tell them, ignore the patient's wishes, and just do whatever they feel is right. I am not impressed with the system.
It seems Hospitals have their own code of conduct when caring for those with comprehension issues. Incomprehensible to us. Evidently "legal paperwork" to be his Patient Advocate can be ignored for lack of being related? If possible maybe you and Murray can fix that as soon as you get him out of there. I have read of cases where adults have arranged adoptions to deal with such situations. The adoption stands as equal to related by birth. I thought of "Legal Guardianship: but that requires a declaration of incompetence. Just an idea.
I appreciate your information. Had no idea..but at one point we were on the edge of having DH admitted for a psych eval..
Sometimes the over reaction of those who feel 'responsible' by law etc. causes so much more damage than anyone could imagine. My sister who works in HR was telling of a fellow who was being fired for legitimate reasons but uttered that if he was going to be fired he may as well just go kill himself.. The company lawyer then sprung into action, had him committed to the hospital for 3 days or more, he got a signed release from doctors and showed up back at work with his release ..only to be fired. Thats not as bad as ending up in ICU being Baker Acted..but there are similarities..
I agree..no one wants that. company had a duty and so did hosp. it just struck me that in both stressful circumstances, their utterances resulted iin a much bigger stress. sorry for them. but have evaluated threats..and was lucky.. glad I'm retired.