If you live in Florida and your loved one is struggling with drug addiction or mental health issues, you may not know what to do. The Marchman Act vs. Backer Act Palm Beach County can help you get the assistance needed. Addiction is a severe disease, and most people suffering from addiction may not resist treatment since they do not believe that they have a problem. People with mental health issues or addiction problems are not in their right state of mind. As such, they can endanger themselves or others. The Marchman Act and Baker Act were implemented in Florida to help such persons stay to receive the treatment they need to lead an incredible life. Here are some essential things to know about the Marchman Act vs Baker Act in Palm Beach County.
- What is the Marchman Act? This Act allows family members to petition the courts for mandatory assessment and treatment of individuals struggling with substance abuse issues. Florida legislators recognize drug abuse as a significant health problem that leads to consequences like addiction, criminal behaviour, family breakups, and more. They also understand that substance addiction is a problem affecting the entire family and society. The Marchman Act also provides adults and juvenile people with addiction an alternative path outside of criminal imprisonment.
- Treatment. People suffering from substance abuse problems can seek treatment either voluntary or involuntary. The Marchman Act encourages people to seek voluntary help and plan their services with support from qualified professionals. The Act allows people of all ages to be admitted for voluntary treatment when sufficient evidence exists that a person is impaired by substance abuse. If someone is in denial, an involuntary treatment can be initiated by a spouse, employer, doctor, or other people with influence over one’s life. The Act provides five involuntary admission procedures. Three of them do not involve the court, while two require direct petitions to the circuit court. The non-court procedures include protective custody, emergency admission, and alternative involuntary assessment for minors.
- What is the Baker Act? This is Florida’s mental health Act that governs all issues related to mental illness. However, the Act excludes intoxication and substance abuse impairment since they are covered under the Marchman Act. The Baker Act outlines the rights of people with mental health issues and the due process for those who had either voluntary or involuntary mental health treatments in time of acute illness.
- Treatment. Someone can apply for voluntary admission if they show evidence of mental illness, appear competent to provide informed consent, or seem suitable for treatment. The Baker Act also allows someone to be involuntarily examined if there is evidence that they are mentally ill, refused voluntary examination, or cannot determine if the examination is necessary. A person can also be subject to involuntary admission if they are likely to suffer neglect or actual harm without care or treatment.
Going through the Marchman or Baker Act process can be challenging due to the court process and psychological reasons. So, it is advisable to engage an attorney.