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Baker Act Reference Guide (2024)
It's a new year, and so we have some new - and very confusing - changes to the Baker Act and Marchman Act to discuss. For those who have never interacted with the mental health legal apparatus in Florida, the Baker Act (Chapter 394, Florida Statutes) is a collection of laws in Florida that govern…
Gardening is an excellent way to maintain mental health Baker Act Law Symposium 2019
Members of the public and Florida attorneys are invited to attend the Baker Act Defense Attorney Symposium Summit (BADASS)! Chapter 394 of the Florida Statutes (commonly called the "Baker Act") is a law that allows health practitioners and law enforcement officers to initiate an involuntary 72-hour mental health examination within a psychiatric facility. If the…
Removing a Nominated Personal Representative (And why the courts need discretion to do it)
In Pontrello v. Estate of Kepler, 528 So.2d 441 (Fla. 2d DCA 1988), the court made a rather overwrought proclamation: “A judge treads on sacred ground… when he overrides the testator's directions regarding the appointment of the person in whom the decedent placed his trust to administer his estate according to the powers given in…
TANGIBLE PERSONAL PROBATE PROPERTY- The Car, the Kitsch, the Couch, and the Cat
If you are the personal representative of a loved-one’s estate, there are generally three types of property that you’ll encounter during estate administration: real property (homes and land), intellectual (intangible) property, and tangible personal property. This post deals with the last category, tangible personal property, which I will shorten to “TPP” from here on out.…