Legal Question in Civil Rights Law in Georgia

There is no "Baker Act" in Georgia. The Baker Act is a Florida statute and has no applicability here. With that said, Georgia has its own rules governing when there can be a legal intervention to get treatment for a person with a severe mental illness.

Georgia laws apply to someone who needs treatment but is unable to seek it voluntarily. Georgia mental health laws outline what steps must be followed and what standards must be met before someone can be ordered into treatment in the hospital or in the community. Georgia is one of forty four states that allow court-ordered treatment in the community, often called �assisted outpatient treatment� or �outpatient commitment.� Georgia is also among half of the states whose treatment standard is based on a person�s �need for treatment� and not just on the person�s likelihood of being dangerous to self or others. The following summary can be helpful for a family member trying to get court-ordered treatment for a loved one.

For inpatient care, a person must be in need of involuntary treatment and (1) be an imminent danger to self/others, as evidenced by recent overt acts or expressed threats of violence; or (2) be unable to care for physical health and safety so as to create an imminently life-endangering crisis and in need of involuntary treatment.

For outpatient care, the standard is based on a person's treatment history or current mental status, who requires outpatient treatment in order to avoid predictably and imminently becoming an inpatient and unable to voluntarily seek or comply with outpatient treatment.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.******