Mental illness and legal incompetence are not the same; it does not necessarily follow that all mentally ill people are legally incompetent.  Competency certification is a procedure during a Baker Act that can be misunderstood and applied unfairly. Psychiatrists at a Baker Act receiving facility certify competence. What may not be widely known is that someone can be held under a Baker Act…

An issue when faced with disputes about the meaning of words in a contract, courts may look outside the words to other evidence that speaks to the intent of the parties and whether there was truly a “meeting of the minds.” In the context of health care and informed consent, there may be issues of…

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