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Is an unsigned un-notarized baker act admissible to a judge ?

Is aa unsigned un-notarized baker act admissible to a judge ?

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Baker Act
by: Gayle Coffman, Suncoast Legal Solutions, LLC

I am a professional guardian and have, in the past been a Baker Act Guardian Advocate for Pinellas County. The entire process of a Baker Act includes involuntary placement of a person suspected of being mentally incompetent, at a mental health facility specifically designated by the State of Florida to receive Baker Acted Persons. The process involves a hearing in front of a Circuit Judge, with evidence and testimony presented by both a State Attorney as well as a Public Defender appointed to represent the person held under the Baker Act - the purpose being to have the Judge make a final determination of whether or not the person should be released or be adjudged incompetent and held at the local facility or even transferred to a state facility, and the Judge makes a ruling on the term of the placement, which could actually be permanent. Any document you provide to initiate a Baker Act Process might not necessarily need to be notarized, because many times the person requesting the placement is a law enforcement officer.

In Florida, the Involuntary Commitment law is referred to as the Baker Act. If someone you know has been involuntarily committed, you have the right to be fully informed about the step-by-step procedure of involuntary commitment as well as your rights and the rights of the person who was, or is being, committed. You can call the CCHR Florida hotline to get fully informed. Hotline number 800-782-2878.

There is an entire chapter of the Florida Statutes that is dedicated to the Baker Act Law. See Florida Statutes Online, Chapter 394.

There is a link to an entire manual on the Baker Act Law, available from the Department of Children and Families. Look for the link to the "Baker Act Manual" (which is a pdf) under the mental heath law section, which is under the programs section. I am sorry, but I am unable to include the link in this response.

I hope this information was helpful.

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