Getting Long-term Help For SZ Brother in Texas


I’m new here, but I’ve been reading and all of the situations seem similar to mine.

I have a 60 year old SZ brother who was doing well until about a year ago when his long-term girlfriend passed away. Since then he’s been spiraling downhill.

Today his local deputy, who had just done a welfare check, said she was unable to take him to a hospital due to his not being suicidal or dangerous. She suggested that he needed full time residential care, but said to get that I would need to go before a judge. She said she would testify before the judge and even share her body camera footage that shows him talking to people that aren’t there.

My question is: has anyone done this in Texas? I plan on contacting his therapist on Monday to see if I can start the process.

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County judges here in Florida can order someone admitted to a psych hospital for a 3 day hold. It is called “Ex Parte Baker Act”. This happens after a caregiver or relative testifies (via a document that goes to a judge) that a person is incapable of caring for themselves properly. If your brother was in Florida, with your testimony and the local deputy’s video, I’m almost certain your brother would be Ex Parte Baker Acted. It wouldn’t matter if the therapist gave any information or not. I do suggest that you also contact your local courthouse and look into all avenues to get your brother into a hold if he is spiraling downhill.

A friend of mine ex parte’d her son twice as he was non dangerous but obviously not caring for himself. He eventually stayed on his meds and is living well with them at home now.


My other brother (the well one) lives in Florida. He has mentioned the Baker Act often.

I’m not sure if Texas has something like this, but maybe that’s what the deputy meant.

I will look into this. Thank you.

My inlaws’ nursing home in Texas had several older patients that had been diagnosed with scz. The county judge had been the final decision in the placement. Medicaid paid their nursing home bills.

Hi Hope,

Yes. This may be how it ends up.

We are having health and human services investigate tomorrow to see if he is capable of caring for himself. (Different than a welfare check.)

Hi BigSis, I also should have said that their diagnosis alone was not the reason for their nursing home placement. They were no longer able to live on their own, their caretakers had passed away and they needed support for daily living.

Please keep us posted on the route you travel through health and human services - your question is a frequently asked question on the forum.

It’s been a horrible weekend. My brother and girlfriend got in fight in a store. Now he is in jail.

We are hoping to make them aware of his mental health issues, but I’m not sure what to do.

Also, this is starting to take a toll on me.

His new girlfriend, apparently. Not the one who passed away. (Obviously.)

If he can shop and find a new girlfriend- they might think he is functional enough to be on his own.

On the bright side, he is trying to recover from the loss.

Thanks. No he was incoherent. Also charged with assault.

I did find out the jail is recommending hospitalization. But goes before judge tomorrow.

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Wishing the best outcome for your brother tomorrow. Hopefully, the arresting officer and/or the Sheriff’s video will be available to the judge and your brother gets the help he needs.

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I am sorry, a mental health crisis is stressful on everyone connected.

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I think that without the Baker Act, and the process to request Baker Act from a judge ex-parte, that my daughter would still be lost in her psychosis world. It’s funny, when I first heard about the Baker Act, I was so against forcing people onto psych meds when they were unwilling… but that was before my daughter’s mind was struck down by schizophrenia. It took me a LONG time to realize that the only way she was ever going to have a chance to be well was for me to take an active role in forcing medication and hospitalization (several times).

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We’re in Texas. Don’t believe Baker Act in place here in Wild West. But have found that several judges are reasonable if they understand the background AND your intent (love). Prayers and loves for all of us.


Thanks for all the support.

We met with the attorney today. The goal is for my brother in Florida to eventually get guardianship. But more immediately to get him into a place for care.

The jail didn’t know what meds to give him, so we finally got his pharmacy to fax the list to the jail. Apparently he has to be medicated before he can go before the judge. One of the meds won’t be available until Thursday.

Oh, and I booked an appointment for myself with a therapist for November to help me deal with stress.


Such a good decision, we have to do all we can to keep the stress from taking over our lives. Really sounds like they are working with you to help your brother.

I am a little familiar with guardianship from the time my husband was the guardian for his parents. We had to move his parents to Texas in order to start the guardianship process. The person actually becomes a ward of the state of Texas, our local judge required that both of the parents and my husband were residents of the state of Texas. Their home state had the same requirement, my husband couldn’t apply to oversee the guardianship there because he was not a resident of their state.

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So the person can’t leave Texas even if a guardian said it was in his best interest to move?

I’m hoping this is wrong.

I didn’t mean to imply a person couldn’t leave Texas, just meant to say that 10 years ago both parties had to live in the same state when the guardianship was being processed. In other words, if the plan later is to have Florida brother be his appointed guardian, most likely both parties will need to be in Florida.

Thanks. I hope I didn’t come across as rude.

The current situation is that my brother is in Texas. The potential guardian currently lives in Florida.

Are the rules different for a power of attorney?

No worries, you didn’t :blush:

Anything can vary from state to state, POA usually isn’t approved by a judge- from what I remember. POA (again from what I remember) is designated “free will” by the person. Neither a guardian or a POA can make a person do something they don’t want to do.