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gavelMental Health Laws


Mental Health cases are not public information and therefore are not provided on any county website. The laws surrounding mental illness are outlined below:

I. Baker Act/Ex-parte

The involuntary treatment of anyone who is mentally ill and is unable to understand their need for stabilization and/or treatment. Any person, who has witnessed the actions of the said individual and feels that he's a threat to himself or someone else, may come to our office and complete a sworn affidavit stating the said person's actions. This petition is then presented to a judge for review. If the said person meets the criteria, an order is signed and the said person is taken to the hospital by the Nassau County Sheriff's Office for an evaluation and/or treatment. If further examination is needed, they will transport said person to the nearest Baker Act Receiving Facility.

II. Marchment Act

The involuntary treatment of anyone who is chemically or alcohol addicted. Any one family member or three non-family members may file a petition for treatment of a said individual. The family or friends must make arrangements with a treatment facility prior to coming to our office to complete a sworn petition stating the actions of this said person and requesting a hearing.

III. Incapacity Proceeding

                                                                                                     
Usually for the sole purpose of guardianship. By Florida law, this procedure requires an attorney


A. What is a Guardianship?
A guardianship is generally defined as the relationship between the guardian and a ward. The guardian is the person or entity charged with the duty to take care and manage the property and rights of another person, the ward, who is considered incapable of managing their own affairs. There are several kinds of guardianship, however. A person wishing to be appointed guardian must employ an attorney admitted to practice in Florida. The attorney will prepare and file the necessary papers requesting the Court to appoint a guardian of the ward. The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.
All prospective guardians are required to undergo a criminal/credit investigation.

 

 


 

Where and When?
The Nassau County Judicial Annex is located approximately 15 miles west of Fernandina Beach and 15 miles east of Callahan off A1A. William Burgess Boulevard runs in front of the annex. The Betty Cook Center of the Florida Community College of Jacksonville is located near the Annex.

courtroom

The Nassau County Mental Health Court will be in session for two hours each week on Wednesday's from 3:00 p.m. to 5:00 p.m. Judge Brian Davis will be the Presiding Judge of the Mental Health Court. All Mental Health Court proceedings will be confidential.

Additional Information

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