This is one of the portions of the Florida statutes re: the Baker Act that I feel has been violated:
(http://www.leg.state.fl.us/
(5)In selecting a guardian advocate, the court shall give preference to a health care surrogate, if one has already been designated by the patient. If the patient has not previously selected a health care surrogate, except for good cause documented in the court record, the selection shall be made from the following list in the order of listing:(a)The patient’s spouse.(b)An adult child of the patient.(c)A parent of the patient.(d)The adult next of kin of the patient.(e)An adult friend of the patient.
(f)An adult trained and willing to serve as guardian advocate for the patient.
In light of this, I would like to request another hearing for Cathy, or at least request that the court revoke the guardian advocate's authority, per this portion of the statutes (emphasis added):
(7)The guardian advocate shall be discharged when the patient is discharged from an order for involuntary outpatient placement or involuntary inpatient placement or when the patient is transferred from involuntary to voluntary status. The court or a hearing officer shall consider the competence of the patient pursuant to subsection (1) and may consider an involuntarily placed patient’s competence to consent to treatment at any hearing. Upon sufficient evidence, the court may restore, or the hearing officer may recommend that the court restore, the patient’s competence. A copy of the order restoring competence or the certificate of discharge containing the restoration of competence shall be provided to the patient and the guardian advocate.
Many thanks,
Carmen
No comments:
Post a Comment