Baker Act/Marchman Act....

rockin'robin

rockin'robin

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Just last week, I filed a Marchman Act thru the State Attorney's Office (my first time). It's a learning experience. Several years ago, I was also a co-signee against someone which we filed the Baker Act. These 2 Acts differ in some aspects.

The Marchman Act (here in Florida): if you are a relative by blood, you can file on someone if they are on drugs and you would want an Intervention. That person will be served with papers from the Court, a set date to appear before a Judge, be drug tested, even be required to go into Rehab for treatment/counseling/family intervention.

The Baker Act is for someone who is on drugs and is a danger to themselves or others.

Court date is Sept. 29th. I will have an intrepretor.

It was the last choice to make to try to get some help for someone who is on drugs but refuses any help or rehab.

Has anyone had this experience before?
 
The Baker Act is mostly used to hospitalize resistant mentally ill persons who are a danger to themselves or others. It is also referred to as "being probated", because a Probate judge has to sign the order. You don't have to be a blood relative to probate; you can be a mental health professional with an extensive knowledge of the individual or the probable outcome of the disorder if treatment is not received.

I have some mixed feelings about probating for drug addiction. While the individual can have gotten so involved in their addiction that they are a harm to themselves, he/she is usually not psychotic by definition and are acting by a degree of choice, however little sense that choice makes. I have found that forced treatment usually only cleans the person up so they forget how bad it got and are right back into the behaviors within a few days of release. They are only there because they have to and not because they want to be.

I certainly hope that it works in this case. At the very least, this may be the start to the recovery-relapse-recovery cycle we so often see. Some recovery is better than no recovery.
 
Thanks, Jillio. When we Baker Acted someone years ago, it was becuz that person was using drugs & alcohol and was suicidial. That person is clean today after 2 or 3 stays in a Mental Health Resource Center.
 
jillio said:
The Baker Act is mostly used to hospitalize resistant mentally ill persons who are a danger to themselves or others. It is also referred to as "being probated", because a Probate judge has to sign the order. You don't have to be a blood relative to probate; you can be a mental health professional with an extensive knowledge of the individual or the probable outcome of the disorder if treatment is not received.

I have some mixed feelings about probating for drug addiction. While the individual can have gotten so involved in their addiction that they are a harm to themselves, he/she is usually not psychotic by definition and are acting by a degree of choice, however little sense that choice makes. I have found that forced treatment usually only cleans the person up so they forget how bad it got and are right back into the behaviors within a few days of release. They are only there because they have to and not because they want to be.

I certainly hope that it works in this case. At the very least, this may be the start to the recovery-relapse-recovery cycle we so often see. Some recovery is better than no recovery.
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With the Marchman Act, we can ask for a Family Intervention, along with counseling....The recovery/relapse/recovery/relapse is expected...we know that. So it may be a long and drawn-out process, time consuming also.

Private Rehabs are expensive. No plans to go that route as of yet.
 
Ugh, I feel for you! I had a really bad experiance with a friend who relasped on script drugs. I know the current thinking is that people are self medicating, and in order to get to soberity the person needs to deal with the issues in their lives that are causing them to use or drink or whatever. But there are some cases where it's like " Huh? They don't have any issues or problems." and it's a complete mystery as to why they use or drink.
Ugh my experiance was SO bad.......she went through withdrawal, and sometimes I can see her freaking out with her arm flapping...and she even tried to get me to buy a script she'd forged!!!!! I have a friend whose daughter keeps relasping ....and it's just so severe.
 
I've known of several people who are prescribed pain pills and become hooked on them, hence, they could have chosen the Pain Management route, and avoided the addiction. Some will lie, cheat, steal, even commit crimes to get these pills.

It's horrible to watch someone in the throes of addiction. A friend of mine even had to leave the State to get away from drugs, as all her friends were on them, they were so readily available to her. She is clean today!...But the drastic steps she had to take...she even lost her children due to her addiction. Her family disowned her, due to her stealing from them, and they could not trust her in their homes.

The chances of a Family Intervention & a Recovery Rehab sometimes works, some times not. The family of the addict can stand idly by, and let the addict slowly kill themselves, or they can try to intervene, get help and hope for the best. It's a painful process all the way around....
 
I know a bit of the background story here. Good luck with this. :hug:
 
rockin'robin said:
I've known of several people who are prescribed pain pills and become hooked on them, hence, they could have chosen the Pain Management route, and avoided the addiction. Some will lie, cheat, steal, even commit crimes to get these pills.

It's horrible to watch someone in the throes of addiction. A friend of mine even had to leave the State to get away from drugs, as all her friends were on them, they were so readily available to her. She is clean today!...But the drastic steps she had to take...she even lost her children due to her addiction. Her family disowned her, due to her stealing from them, and they could not trust her in their homes.

The chances of a Family Intervention & a Recovery Rehab sometimes works, some times not. The family of the addict can stand idly by, and let the addict slowly kill themselves, or they can try to intervene, get help and hope for the best. It's a painful process all the way around....
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You have my sympathy, since the addict affects EVERYONE around him/her. I must warn you, though, that interventions are often a temporary solution, since the addict remains an addict, you know? The desire to change must come from the addict, and all too often that happens after hitting bottom. There are ways, though, to "raise the bottom," and although it isn't pretty, it stands at least an equal chance of succeeding as any other method. Good luck.
 
rockin'robin said:
Many thanks, SWK....the first, second, third & fourth time we didn't succeed...but we will try and try again.
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Good luck. It can be SO heartbreaking. It's really hard....when do you say that enough is enough? It was very hard for me to go through it ONCE with my friend. At least one good thing.....It taught me that avoiding drugs isn't just a goody goody thing.....ugh seeing my friend who was SO burnt out....I remember she would just spend her days on her bed "regrouping"
 
Drug/alcohol addiction is a disease. For some families, they will fight for their loved ones until the end, some give up after 1 or 2 tries.....as hopeless as it may seem or even become, there is a chance, no matter how slim it is. It can take years to see any results.....and if the addict knows that his/her family is not giving up on them, but will not enable them, it's something for them to grasp and hold on to in their own battle to recover. It gives them hope.
 
rockin'robin said:
Thanks, Jillio. When we Baker Acted someone years ago, it was becuz that person was using drugs & alcohol and was suicidial. That person is clean today after 2 or 3 stays in a Mental Health Resource Center.
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That's good to know that they finally got where they needed to be.
 
deafdyke said:
Ugh, I feel for you! I had a really bad experiance with a friend who relasped on script drugs. I know the current thinking is that people are self medicating, and in order to get to soberity the person needs to deal with the issues in their lives that are causing them to use or drink or whatever. But there are some cases where it's like " Huh? They don't have any issues or problems." and it's a complete mystery as to why they use or drink.
Ugh my experiance was SO bad.......she went through withdrawal, and sometimes I can see her freaking out with her arm flapping...and she even tried to get me to buy a script she'd forged!!!!! I have a friend whose daughter keeps relasping ....and it's just so severe.
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From your perspective they don't have any problems.:cool2: Can't look at it from your perspective.
 
jillio said:
From your perspective they don't have any problems.:cool2: Can't look at it from your perspective.
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jillo, sorry but I AM looking at it from my friend's perspective. I know for example that a common thread in drug and alchohol abuse could be abusing substances to deal with life trauma, especially when there's no self medicating (of a mental illness) going on. I have known my friend since I was in second grade. She has NO organic mental illness at all, and no extreme life trauma, such that you'd think she'd end up "self medicating" It's just really weird.
 
There are people who have no outward knowledge of trauma in their lives, no mental health issues that are visible to others. Sometimes, it's just the "feel good"/"everybody else is taking them issue."....If it makes them feel good...then "why not" is their way of thinking. Some even believe that they can control, even believe they can quit at any time they choose. Sadly, their choice of the drug eventually begins to "control them", and they wake up every day, thinking of that drug before anything else.

It was my perspective for many years, that drug addicts/alcoholics were "weak people", who just did "not give a damn", who could care less what their addiction was doing to them and their loved ones....Even they (themselves) knew the drug was controlling them, but were too ashamed to admit it to themselves.....and when confronted over their addiction, they deny and lie...not only to others but to themselves.
 
deafdyke said:
jillo, sorry but I AM looking at it from my friend's perspective. I know for example that a common thread in drug and alchohol abuse could be abusing substances to deal with life trauma, especially when there's no self medicating (of a mental illness) going on. I have known my friend since I was in second grade. She has NO organic mental illness at all, and no extreme life trauma, such that you'd think she'd end up "self medicating" It's just really weird.
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You are not qualified to make that assessment. I will guarantee you that there is a reason your friend uses/abuses substances.

Yes, you are looking at it from your perspective. You are comparing how you believe you would behave in the same situation as you BELIEVE your friend is in. You are filtering things through your lens. If your friend is not consciously aware of their motivation, how could you possible know what it is or isn't?
 
rockin'robin said:
There are people who have no outward knowledge of trauma in their lives, no mental health issues that are visible to others. Sometimes, it's just the "feel good"/"everybody else is taking them issue."....If it makes them feel good...then "why not" is their way of thinking. Some even believe that they can control, even believe they can quit at any time they choose. Sadly, their choice of the drug eventually begins to "control them", and they wake up every day, thinking of that drug before anything else.

It was my perspective for many years, that drug addicts/alcoholics were "weak people", who just did "not give a damn", who could care less what their addiction was doing to them and their loved ones....Even they (themselves) knew the drug was controlling them, but were too ashamed to admit it to themselves.....and when confronted over their addiction, they deny and lie...not only to others but to themselves.
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:ty:
 
I had an old boyfriend who we Baker Acted at least 3 times. He finally "went off the deep end" and hit his third strike in the 3 strikes law and was sentenced to a long time in jail. He has since died of a drug overdose just to get away from his mother. She never thought he was sick and never gave him his meds. He was Bi-Polar, but it wasn't called that then.

RR - I hope all goes well for you and this person in this situation. I had never heard of the Marchman Act. Thanks for that info.
 
Wirelessly posted (droid)

People differ on a molecular level. Some people are genetically vulnerable to addiction. Add some trauma and low self-esteem and you have a train wreck. People who engage in self destructive behavior are not mentally well.
 
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yes, SallyLou, you hit that on the nail...take someone who did "recreational drugs" such as pot in their young years, then sort of "graduated" to the harder stuff....committed a crime(s), sent to prison...then come out with low self-esteem, a record preventing them from finding a decent job...so easy to get right back into drugs all over again.
 
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