Legal Question in Family Law in Georgia

My daughter who has three children tried to kill herself last night. I am her mother and want to know what I can do to make her get help. She is an alcoholic and she is addicted to pain pills. She is in hospital right now and has requested that they give me no information about her. I am her next of kin and she has a brother and sister who are ready to do what ever it takes for her to get help. what is the law with the bakers act in gwinnett count, (norcross) ga?


Asked on 9/26/10, 2:23 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no Bakers Act in Georgia. It's a Florida statute.

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Answered on 10/01/10, 2:33 pm
Phillip M. Cook Cook Legal Services, LLC

I'm sorry about your daughter. Mental illness is really tough to deal with, especially when your children are not children anymore and refuse your help.

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. There is no definite answer to your question. I WOULD STRONGLY RECOMMEND HIRING A DOMESTIC/FAMILY LAW LAWYER IN GEORGIA TO DISCUSS YOUR OPTIONS.

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.******

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Answered on 10/01/10, 2:33 pm


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