Legal Question in Health Care Law in California

Baker Act Questions

My father's wife filed paper work to have my father baker acted, he was becoming forgetful and losing weight but refused to go to the doctor. She told the court that she believed he was a danger to himself and possibly others. After being admitted they ran diagnostic tests and determined he had metastasis cancer, alzheimer/dementia. My father is dying and there's nothing that can be done to prolong his life. I'm a California resident and I don't know very much about the Baker Act, but I've been staying in Florida to be with and help take care of my father while he resides at Southern Oaks Convalescent Hospital. They have him residing in the mentally ill ward, but my father isn't suicidal nor does he present harm to anyone else. He shouldn't be on the same floor as the mentally ill as he is alert, aware, communicates, and shows no indication of mental illness other than forgetfulness due to the onset of Alzheimers. He's got five children living who want take care of him. What can I do to try and get someone to look into his case as I believe his wife to be using the courts ruling as a vice to get back at my father? When we asked her why she admitted him there she said she didn't want to take care of him so wasn't going to.


Asked on 10/08/07, 7:06 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Baker Act Questions

The Baker Act is a creation of Florida law and you should be talking to a Florida attorney. Here in California it is called a 5150 (mental health detention based on claim that a person is a danger to oneself or others).

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Answered on 10/08/07, 7:15 pm


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