Can You File a Marchman Act if Your Loved One is Under the Baker’s Act?

Many families seek to file for a Marchman Act once their loved one has been Baker Acted. So, most people question the possibility of their petition being granted, especially if the patient is held under the Baker Act. As a general rule, your Marchman Act Petition can be permitted by a judge while the Baker Act is active. Here are reasons why this is possible.

The Marchman Act, Chapter 397, and The Baker Act, Chapter 394 is an emergency stabilization laws. If your relative has been baker-acted, this implies the government has stepped in to control their lives. Typically, they will take such patients to a Baker Act Treatment Center Florida for at least 72 hours. So, a court order gives the state absolute control over your loved one.




A Marchman Act Court Order is a statute that is treatment-specific. It means the court has ordered your patient to go for treatment. However, this order doesn’t command the Baker Act Treatment Center to discharge the patient. The order informs your loved one that they must undergo treatment, but it doesn’t communicate to the Baker Act Facility.

After getting a Marchman Act order, your loved one won’t leave the Baker Act Facility until:

·         A judge orders them to be released – Since it is a court order that forced your loved one to enroll in an involuntary hospitalization Florida the same court can order the facility to discharge him. Once such an order is given, the patient won’t be under the control of the state. So, the family must have a guardian to follow up on the patient to ensure he undergoes treatment.

·         The Baker Act Facility Releases the Patient – There is a valid reason why your loved one was baker-acted. They must have either endangered their lives or the lives of other people. So, the Baker Act Facility was responsible for stabilizing the patients before discharging them. Until the experts in this facility ensure the patient is stable, they won’t release him. You must wait for the facility to discharge the patient before enforcing your Marchman Act Order. 

In a nutshell, you can get a Marchman Act Order while your loved one is still in a Baker Act Facility. However, you can only enforce the Marchman Act Court order after the patient leaves the Baker Act Facility.

Location: Florida, USA

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