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Once a person has been moved from the hospital to a

Once a person has...

Once a person has been moved from the hospital to a psychartic facility, after a suicide attempt, how long is that person required to stay at the facility?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have been taken so far?

After the attempt to take their life, law enforcement was called and he was Baker Acted, to the local hospital, and then transferred to the Psychartic Facility this morning. All of this happened yesterday, (7/9) around 12:00 noon

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, he was in possesion of a handgun, which was confiscated by the police. Information from the police state he is able to retrive said handgun when he is released from fascility without question, is this a true statement, and if so, how is that possible?

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Answered in 2 minutes by:
7/10/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,425
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 11 days ago
Thank you.
Customer reply replied 11 days ago
I will stay with typing, thanks

The initial hold is only for 72 hours for psychiatric evaluation. Then he can be released, if no further treatment is indicated or with a recommendation for outpatient treatment. Or, if he is considered a danger to himself or others, he would be involuntarily committed for psychiatric treatment.

He could actually be held for as long as 6 months, though there would be various evaluations during the course of that. He would also be entitled to a hearing and to a lawyer at that hearing to challenge the findings of the doctors. So what will happen actually depends upon what the psychiatrist will find over the next three days.

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Customer reply replied 11 days ago
Does that start when he was taken by the Police to the local hospital or when he arrived at the Psychiatric hospital?

He's committed initially just for evaluation. That's the first 72 hours. From there, he can be involuntarily committed and treated for as long as 6 months if it's indicated. That's the worst case scenario and not the most common outcome. But they will keep him until they feel he's not a danger to himself.

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Customer reply replied 11 days ago
Thanks, ***** ***** the gun that he was in possession of, after his release? Is he still able to possess that gun after his evaluation?

If he is not kept past the 72 hours, he will be legally entitled to his gun back. In my experience, however, he may have to take the police to court to get it. Under these circumstances, they are in no hurry to comply with the law.

If he IS kept in beyond he 72 hours, he will lose his 2nd Amendment Federal rights for life, unless at some point Federal law in this area changes.

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Customer reply replied 11 days ago
Thank you very much for your help, it has been a tremendous help. Have a good day!

You too.

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Zoey, JD
Zoey, JD, Attorney
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Experience: Active member of the NYS bar since 1989
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