When a Loved One Won't Seek Treatment for Alcohol Use Disorder

How to Help an Alcoholic Who Won’t Get Treatment: Florida Legal Options

When someone you love refuses treatment for alcohol use disorder, persuasion and intervention often fail. Florida law offers a compassionate legal pathway: the Marchman Act allows you to petition a court for involuntary evaluation and treatment when voluntary approaches have reached their limit. This guide explains how the process works, what you’ll need, and why it may be the right step for your family.

When Voluntary Help Isn’t Working: Understanding Your Situation

You’ve tried talking. You’ve suggested treatment, offered to pay, even staged an intervention. Yet your loved one continues drinking, and their health, safety, or relationships deteriorate. At this point, many families feel stuck—guilty, frustrated, and unsure whether legal action is even possible or appropriate.

It’s important to understand why some people with alcohol use disorder refuse help. Addiction affects decision-making and insight. The person may not recognize the severity of their condition, may fear treatment, or may prioritize the substance over everything else. This isn’t a character flaw; it’s a feature of the disorder itself. When informal intervention has exhausted itself, legal intervention becomes not a punishment but a compassionate tool—one backed by Florida courts and designed to protect health and safety.

Recognizing this limit is difficult. Many family members worry that pursuing court action will damage relationships or feel like a betrayal. In reality, untreated alcohol use disorder damages relationships far more severely. Many families report that once treatment begins and recovery progresses, relationships improve significantly.

What the Marchman Act Is and Who It’s For

The Marchman Act is Florida’s involuntary commitment statute for substance abuse. Codified in Fla. Stat. § 397.675, it allows family members, healthcare providers, law enforcement, and state officials to petition a circuit court for involuntary evaluation and treatment of adults whose alcohol or drug use poses a threat to their health, safety, or welfare.

Who can petition: – Family members (spouse, parent, adult child, sibling) – Healthcare providers who have treated the person – Law enforcement officers – State officials designated by the Department of Children and Families

Who it applies to: – Adults age 18 and older – Whose substance abuse creates a substantial threat to their health, safety, or welfare – Anywhere in Florida

What it accomplishes: – Court-ordered evaluation at a receiving facility (typically 24–72 hours) – Medical, psychiatric, and substance abuse assessment – Development of a treatment plan – A full hearing where both sides present evidence – Potential court order for inpatient or outpatient treatment (up to 60 days initially, renewable)

The Marchman Act is not punishment. It’s a legal mechanism to ensure that someone whose judgment is impaired by addiction receives a professional evaluation and, if warranted, treatment they would otherwise refuse.

How the Marchman Act Process Works: Step-by-Step

Understanding the timeline and what happens at each stage helps families prepare and set realistic expectations.

Step 1: Petition Filing

You or an authorized party file a petition in the circuit court in the county where your loved one resides. The petition must include specific, factual information: dates and descriptions of incidents showing that alcohol use threatens health, safety, or welfare. Vague statements like “he drinks too much” won’t suffice. Instead, include details: “On March 15, he was hospitalized for alcohol poisoning” or “He has been arrested twice for DUI in the past six months” or “He has lost his job and is unable to care for himself.”

Step 2: Ex Parte Hearing (Temporary Order)

An ex parte hearing occurs without your loved one present. The judge reviews the petition and any supporting documents. If the judge finds sufficient grounds, they issue a Temporary Involuntary Commitment Order, which remains in effect for up to 5 days. This order authorizes law enforcement or a designated officer to take the person into custody and transport them to an approved receiving facility.

This can happen quickly—sometimes within hours of filing, depending on the judge’s availability and court scheduling.

Step 3: Evaluation

At the receiving facility, medical and psychiatric professionals conduct a comprehensive evaluation. They assess the person’s physical health, mental state, substance use history, and need for treatment. This typically takes 24–72 hours.

Step 4: Full Hearing

Within 5 days of the temporary order, a full hearing must occur in circuit court. Both you (the petitioner) and your loved one have the right to present evidence. You may bring medical records, police reports, witness statements, or testimony from healthcare providers. Your loved one may present evidence that contradicts the petition or argues against continued treatment.

The judge listens to both sides and decides whether to order continued treatment, dismiss the petition, or modify the order.

Step 5: Treatment Order

If the judge finds clear and convincing evidence that involuntary treatment is necessary, they issue a treatment order. This may require inpatient or outpatient treatment for up to 60 days. The order is renewable if the court continues to find grounds for involuntary care.

Timeline: From petition filing to temporary order: hours to 1–2 days. Full hearing: within 5 days. The entire process from start to treatment order typically takes 5–10 days.

Emergency Temporary Guardianship and Mental Health Guardianship

In some cases, your loved one may not only refuse treatment but also lack the capacity to make safe decisions about their own medical care, finances, or living situation. In these situations, guardianship may be necessary alongside or instead of the Marchman Act.

Emergency Temporary Guardianship is a rapid court process that grants you immediate decision-making authority in crisis situations. Under Fla. Stat. § 744.331, a court can appoint a temporary guardian without the full notice and hearing normally required, allowing you to make urgent decisions about medical care or safety.

Mental Health Guardianship is ongoing guardianship specifically for individuals whose mental health or substance use conditions impair their capacity to make decisions. As a mental health guardian, you gain authority over medical decisions, living arrangements, and other personal matters—not just treatment.

How guardianship differs from the Marchman Act: – Marchman Act: narrow focus on addiction treatment evaluation and court-ordered care; time-limited (up to 60 days initially) – Guardianship: broader authority over medical, financial, and personal decisions; ongoing until terminated by court

When both may be used together: In complex cases where your loved one refuses treatment and cannot make safe decisions about their own care, you may pursue both the Marchman Act (to compel treatment evaluation) and guardianship (to manage broader decision-making).

What You’ll Need to File a Marchman Act Petition

A strong petition rests on solid documentation. Before you meet with an attorney, begin gathering:

Factual documentation: – Specific incidents with dates and descriptions (hospitalizations, arrests, accidents, missed work, family conflicts) – Timeline showing a pattern of escalating use or consequences – Descriptions of how the alcohol use threatens health, safety, or welfare

Medical or police records: – Emergency room visit summaries – Arrest reports or DUI charges – Hospitalizations related to alcohol use – Any professional assessments or diagnoses

Witness statements: – Written or recorded accounts from family, friends, employers, or healthcare providers who have observed the behavior – These don’t need to be formal; a detailed email or letter describing what the person witnessed is valuable

Proof of relationship: – Documentation that you are a family member or authorized party eligible to petition – Birth certificate, marriage license, or other proof of your relationship to the person

Court filing fee: – Varies by county; typically $200–$500 – Robinson & Casey can advise on your specific county’s requirements

The more specific and documented your petition, the stronger your case at the hearing.

What Happens After a Marchman Act Order Is Issued

Once the judge issues a Temporary Involuntary Commitment Order, the legal machinery moves into action.

Transport: Law enforcement or a designated officer locates your loved one and transports them to an approved receiving facility. This may happen immediately or within hours, depending on where they are.

Evaluation: Medical, psychiatric, and substance abuse professionals conduct a thorough assessment. They interview the person, review medical history, and develop a treatment recommendation based on their findings.

Treatment plan: The facility creates a plan outlining the type and level of care recommended (inpatient detoxification, inpatient rehabilitation, outpatient counseling, medication-assisted treatment, etc.).

Hearing: You receive notice of the full hearing date. You and your loved one both have the right to attend, present evidence, and be heard by the judge.

Outcome: The judge decides whether to order treatment, dismiss the petition, or modify the order. If treatment is ordered, your loved one is legally required to comply. Non-compliance can result in additional legal action.

Why Robinson & Casey Handles These Cases

Robinson & Casey focuses exclusively on Marchman Act petitions and guardianship matters. This isn’t a side practice squeezed between other cases; it’s our core work.

Focused practice: Because we handle only these specific legal areas, we know the statutes, the courts, the judges, and the receiving facilities intimately. We understand the nuances of each county’s procedures and what documentation judges expect.

Experience: Our attorneys represent families across South Florida and statewide in involuntary commitment and guardianship cases. We guide families through the emotional and legal complexity of these decisions.

Statewide reach: We’re licensed to serve families throughout Florida, not just one county or region.

Practical guidance: We don’t just file paperwork. We explain the process in plain language, help you gather necessary documentation, and represent your interests in court. We answer your questions and adjust strategy as circumstances evolve.

Compassionate approach: We understand the guilt, fear, and uncertainty families feel when pursuing legal intervention. We work to make the process as clear and straightforward as possible, so you can focus on what matters: getting your loved one the help they need.

Common Questions Families Ask

What to Expect When You Call Robinson & Casey

Initial consultation: We listen to your situation, ask clarifying questions, and explain your legal options. There’s no judgment—only a genuine effort to understand what your family is facing.

Honest assessment: We tell you whether a Marchman Act petition, guardianship, or both are appropriate for your circumstances. We don’t push you toward legal action if it isn’t the right fit.

Clear process overview: We walk you through each step, realistic timelines, and what you’ll need to provide. You’ll know exactly what to expect.

Next steps: If you decide to proceed, we guide you on documentation, court filing, and representation at hearings.

Ongoing support: We remain available to answer questions and adjust strategy as circumstances evolve.

If you’re watching someone you love struggle with alcohol use disorder and refuse help, you’re not alone—families in your situation reach out to Robinson & Casey regularly. The decision to pursue legal intervention is never easy, but when voluntary approaches have failed and the person’s health and safety are at risk, it may be necessary. Call (561) 849-4700 or contact us to discuss whether the Marchman Act, guardianship, or both are right for your family. We’re here to help you navigate this difficult path.