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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My Daughter in law went to see a dr on Friday, she told the

Customer Question

My Daughter in law went to see a dr on Friday, she told the dr she was having problems with Depression anxiety and stress. She tried to get an appt with a psyciatrist but the wait was over a month, so instead she went to a family Dr. He baker acted her, she has no suicidal tendancy's and now she can't get out. She did sign volunteer papers today as she was told if she did not she would be baker acted again. Help, she doesn't belong there the Dr. over reacted, her job is in jepordy due to this and she can't afford the hospital stay, she can't even see her kids, how long can the keep her. No one will answer any of our questions at the hospital, what can we do to get her realeased. She is no harm to herself or any one else. Thanks
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

I'm sorry to hear of your dilemma,

The Baker Act in Florida allows a person to be held for 72 hours. A hold beyond that point requires an order of the court. The hold can either be voluntary or involuntary.

If your daughter in law signed voluntary papers today, technically, she can leave whenever she wants. However, her physician or other mental health expert can have her almost immediately re-committed.

This can become a vicious circle. The most effective way to end the involuntary hold is to retain an attorney to petition the courts for a Writ of Habeas Corpus. If granted, the court order will allow for her release.

I wish you and your daughter in law the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug