Mental Health Law

Mental Health law spans several legal disciplines.  Under probate law, the filing of a Petition to Appoint a Guardian of the Person and/or Property requires the simultaneous filing of a Petition to Determine Incapacity. The incapacity case raises many issues relating to mental health and can require additional mental health law resources. Under Florida’s Mental Health statute, are the Baker Act and Marchman Act laws that can address an individual’s mental health or addiction crisis. At times, a mental health crisis can lead to one’s arrest; a criminal law attorney that understands mental health can direct resources to defenses that can result in diversion to Mental Health Court or, if applicable, representation on specific defenses such as Incompetent to Proceed or Not Guilty by Reason of Insanity.

Rossway Swan has a unique roster of attorneys that provides our clients with the most in-depth and comprehensive mental health law practice in the region. Our mental health attorneys have unmatched trial experience, and have the investigatory tools and resources that distinguish our practice. We have the capability to provide concierge 24/7 crisis representation for families with attorneys that understand the complicated aspects of mental health law and have the experience to provide counsel in real time.