Baker ActThe Lake County Clerk of the Circuit Court & Comptroller’s Office processes petitions under the Baker Act filed in Circuit Court. The Florida Mental Health Act of 1971, commonly referred to as the “Baker Act,” allows for voluntary or involuntary mental health evaluations of up to 72 hours for people who are alleged to have a mental illness and are considered an immediate threat to themselves or others. The Baker Act encourages the voluntary admission of persons for psychiatric care, but only when they are able to understand the decision and its consequences and are able to fully exercise their rights for themselves. When this is not possible due to the severity of the person’s condition, the law requires that the person be extended the due process rights assured for those under involuntary status. Florida Law gives the courts jurisdiction of involuntary mental health evaluations of persons needing examination. Filing a Baker Act PetitionA Baker Act petition may be filed alleging the person needing involuntary examination has refused voluntary examination or is unable to determine whether examination is necessary and the person will suffer from neglect, will harm himself, herself, or others. The Clerk’s Office staff will immediately present any Baker Act petition to a judge for review. The judge will determine if there is sufficient cause to enter an order directing the Lake County Sheriff’s Office to transport the person to an appropriate facility. Submission of DocumentsIf you are filing a petition for a Baker Act, all documents can be submitted to the Lake County Clerk’s Office in-person at the following location: Lake County Clerk of the Circuit Court & Comptroller
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