Is dementia considered mental illness? Can the Baker Act be applied to dementia patient?

Many of the states have changed their interpretation of the Baker's Act. Most changes have been about making their form of the Baker's Act easier to apply. Check with social service providers in your area for options.

Having written that, I personally don't see how this applies as a Baker's Act issue in a general sense. The man is making poor choices. I am not sure how much a 3 day confinement for mental evaluation will help. He is in the judicial system already which is often the goal of families for applying the Baker Act to their loved ones with mental illness. Those families are usually hoping for court ordered medications that will possibly alleviate the symptoms of mental illness.

Since his behaviors are harmful, but possibly not presenting a clear and present danger to himself or others. For some states simply acting or speaking to someone in a manner they deem to be offensive can get someone arrested. But again, your neighbor is already in the system.

Maybe your local Adult Protective Services could offer you some idea of options that exist?

I am, first off, very happy to have found this post. I have been researching the Baker Act for months and I am still hesitant to invoke it upon our situation. My friend is 63 and has very little contact with his immediate relatives. We live in Florida they are in Kentucky. I have known him 15 years and I am sensitive to the cognitive changes I have seen in him. His choices have been poor, childish and dangerous. He was arrested after being stopped at 2am driving without a license and with prescription pills in his pocket. This was in mid 2013. He was released and sentenced to community service as his probation. He chose not to complete his community service and in JAN of 2015 he was arrested once more for probation violation. This time the arrest came at his home, late at night. He served nearly (60) days in jail. His release now came contingent with him attending a "treatment rehabilitation" for his drug problems and unlawfulness. He has yet to attend these treatments. He has been out of control on his finaces, he purchases unecassary things such as computer equipment and shipped bottles of wine and liquor, rather than spend the available funds he does have on inhalers or oxygen. He has horrible breathing issues and has an incessant smoking habit. For years now he spends nearly 12 hours a day online searching for male companionship in very young men. The desperation behind this search is what has landed him in hot water in the first place. He will appreciate any attention in any form from whoever he manages to entice into his situation. Unfortunately, this comes in the form of solicitation for sex. The residence is in a gated community and part of the danger is he will give the security access code to anyone. While incarcerated he gave the code to an inmate he met. This man showed up heavily drunk attempting to force his way into the home. The police were called due to the disturbance, however the man was found (3) days later camped near a hedge deeper into the complex. He doesn't pay his bills on time, his home has been in default since 2008 and he;s in over his head in dept with the HOA. There's much more to this but I need to understand if this situation warrants getting him help via the Baker Act. He will not cooperate in any other way and he will eventually be incarcerated again. This is not what he needs, he needs medical attention for his poor health and mental issues.

Check with your local law enforcement on this one. Be aware that sometimes sheriff's offices handles Baker Act cases instead of local police. I would think that a person with dementia who is presenting as a threat to harming themselves or others would qualify. That is the case correct? Just having dementia is not a Baker Act event in my understanding. You want to make sure that whoever arrives has had special training in dealing with Baker Act cases. These situations can be dangerous for all parties. Do all you can to make sure your loved one does not present in a dangerous or threatening manner to the law enforcement officials.