Mental Health Cases

The Sarasota Clerk and Comptroller’s Office maintains records of court proceedings that are held to determine an adult’s mental capacity or incapacity.

Petition for Incapacity

If a Petition for Incapacity is filed, the court will appoint an attorney to represent the interests of the alleged incapacitated person (AIP). The court will also appoint an examining committee to assist in determining the alleged incapacitated person's ability to exercise certain statutory rights. A guardianship case must also be filed, as incapacity and guardianship are closely related.

The venue (location) for a determination of incapacity is the county where the person resides or is found.

• The person filing the petition is known as the petitioner.
• The person on whose behalf the petition is filed is known as the respondent.

The Baker Act: Involuntary Commitment for Mental Health Reasons

The Clerk and Comptroller’s Office maintains court records when a person is involuntarily committed for treatment of a mental illness. The law governing mental illness is commonly known as the Baker Act (Chapter 394 of the Florida Statutes).

Resources for The Baker Act - Florida Department of Children and Families

The Marchman Act: Involuntary Commitment for Substance Abuse Reasons

The Clerk and Comptroller’s Office maintains court records when a person is involuntarily committed for assessment and treatment of substance abuse. The legal process that allows family and friends to petition the court to obtain evaluation and treatment for a substance abuser who has refused to receive care voluntarily is commonly referred to as the Marchman Act (Chapter 397, Florida Statutes).

Resources for the Marchman Act - Florida Department of Children and Families