Can You Get Legal Aid For Mental Health?

It’s normal to suffer from sustained periods of sadness and worrying. Still, when it’s uncontrollable and affects a person’s daily activities, it may be time to seek a licensed professional to oversee a patient for a mental illness evaluation.

Several states trying to assist with this problem have devised various bills to help the people, such as through the Baker Act. Yet cases of rights violation still happen under this law, encouraging individuals to approach baker act attorneys for help.

What’s the Baker Act?

The Baker Act is the law created to help people suffering from mental illnesses obtain the necessary medical help they need, take in the individuals deemed dangerous from society, and protect the rest of the people.

In general, people could voluntarily or involuntarily undergo the process, where the latter is reserved for dangerous individuals. It’s a way to lend a hand and rehabilitate the person to function normally by receiving the appropriate medications and treatments from licensed healthcare providers.

Although, the state ensures that these persons are still protected under their wings by strictly mandating that patients’ rights are enforced throughout the process.

This includes their right to communicate with whomever they wish, may it be their family members or their legal representative. Moreover, they’re entitled to receive and send their unopened mails without interference from the professionals.

How am I protected?

If you were Baker Acted, a circuit-court petition would be filed within three days since you’ve arrived at the facility. By then, you’d be entitled to an expert independent examination to evaluate if you meet the criteria.

If you’re unable to avail this service due to money issues, the court is responsible for providing it for you.

Within one business day, the Office of the Public Defender is obliged to appoint you with a Public Defender (PD) that’ll be a representative on your behalf in the proceedings.

The lawyer would then guarantee that you, as a patient, have access to necessary care, along with the medical records and witnesses throughout the case. At this point, you, your guardian, or health care surrogate are free to make changes in the proceeding venues for the sake of the parties or witnesses’ convenience and respect the patient’s current condition.

What can my lawyer do?

One of the common worries of people is if they’d get legal aid for their mental health, and to be honest, you do since this is something that authorities can’t deprive such right to a person regardless of their present medical state.

It’s okay to feel anxious when it concerns your protection and well-being. To give you peace of mind, PDs commonly handle tasks related to Baker Act, such as regular checkups to verify if a patient’s condition still requires treatment.

If the lawyer deems that the client is now functioning normally, they may appeal to the court to dismiss the involuntary placements.

Beyond that, Baker Act attorneys usually just represent the client’s position, contrary to the belief that they move according to the client’s best interest despite the lack of understanding of the latter’s part.

If the client wishes to not be in a hospital, the PD is obligated to do everything in their power and argue for the client’s release despite the PD’s opinion that the client would benefit from further institutional treatments.

Keep in mind that the court isn’t allowed to order those with dementia or TBI to be placed under the involuntary Baker Act.

Additionally, there should be at least a 45 days notice before the termination or revocation of the facility residency when it comes to senior citizens, given that the elderly would require an advanced skilled level of care or if they’ve displayed a pattern of conduct that’s harmful or uncomfortable for other residents.