Marchman Act for an Adult Son on Fentanyl in Florida

If your adult son uses fentanyl and won’t get help, every phone call can feel like bad news. Florida’s Marchman Act lets a family member ask a court to order assessment and treatment for an adult with substance use impairment. A judge decides whether the legal standard is met, and no result is promised here.

You Are Watching Your Son Slip Further Away

Searching for a legal option usually means you’ve run out of ways to handle this alone. You may have paid for treatment more than once, tried interventions, and set boundaries that didn’t hold. Maybe the closed bedroom door, the missed calls, or the last trip to the emergency room is what sent you searching late at night.

That search is not a failure on your part. It’s what many parents do when talking no longer works. Your fear for your son’s life is the thing you carry at night, and it deserves to be named plainly.

This page explains Florida’s options in plain language. It is general information, and your own facts will decide what applies.

Why Waiting Feels So Dangerous

Florida’s law looks at whether the risk of harm is real and present, so your fear for your son’s safety has a place in the legal process. The statute describes a person who has lost the power of self-control over substance use and whose judgment is so impaired they cannot see their need for help (Fla. Stat. § 397.675).

A second route covers someone likely to neglect themselves, where that neglect poses a real and present threat of substantial harm, and where it is not apparent that such harm can be avoided through willing, able, and responsible family members or friends or other services. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” Your fears about an overdose, jail, or life on the street are real. A petition cannot promise to prevent them. It gives a judge a formal way to review the facts.

What Florida’s Marchman Act Does

The Marchman Act is Florida’s civil law for court-ordered assessment and treatment of a person with substance use impairment. It sits in Chapter 397 of the Florida Statutes.

A parent can file. For an adult respondent, the law lets any relative file a petition (Fla. Stat. § 397.68112). The petition goes to the clerk of the court in the county where your son is located, and the clerk may not charge a fee to file it (Fla. Stat. § 397.681).

Being named in a petition does not mean your son is automatically committed. A judge may order treatment only after finding the conditions proved by clear and convincing evidence. That order can last up to 90 days, and if the conditions are expected to continue after 90 days, a renewal can be requested before the period ends (Fla. Stat. § 397.697). The court keeps the case open to monitor compliance.

To see the wider framework, read our involuntary commitment for addiction guide.

How the Court Process Generally Works for a Family Petition

A family petition moves from filing to a hearing, and your son receives notice and a chance to take part. After filing, the court must schedule a hearing within 10 court working days unless a continuance is granted. Your son must receive a copy of the petition and the notice of hearing (Fla. Stat. § 397.68151).

The hearing is a formal court proceeding, not a family meeting. Your son has the right to counsel at every stage, which he may waive only if he is present and the court finds the waiver knowing, intelligent, and voluntary; if he wants a lawyer and cannot afford one, he has the right to a court-appointed lawyer, and the court must appoint counsel if it believes he needs or wants one, regardless of his wishes (Fla. Stat. § 397.681). Under Florida law, a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment (Fla. Stat. § 397.681(2)).

The judge hears relevant evidence, including testimony from family members who know his history. Witnesses may testify remotely under oath, and the court may also order drug tests (Fla. Stat. § 397.6957).

Gather the Record Before You Decide What to Do Next

A petition has to rest on specific facts, so write down dated events before you file. The petition must name your son and you, state your relationship, and give the factual reasons you believe he is impaired, has lost power of self-control, and either is likely to inflict physical harm on himself or others unless the court orders services or refuses care because his judgment is too impaired to appreciate his need for care (Fla. Stat. § 397.68141).

Start a simple list. Include the dates of overdoses or 911 calls, emergency room or hospital visits, arrests, missed work or school, threats, and messages. Next to each event, note who saw it. A vague claim like “he’s always high” is harder to use than a dated event with a witness.

Include the treatment history too: what you paid for, when it happened, and what followed. A judge may want that history. For help organizing these records, see organizing dated records before filing.

A petition may include an assessment by a qualified professional who examined him within 30 days before filing. If he was not assessed or refused, the petition must say so (Fla. Stat. § 397.68141).

If Your Son Is in Immediate Danger Right Now

If someone is overdosing or unresponsive, call 911 first. A court petition takes time and is not an emergency response. Tell the dispatcher exactly what you see.

If he is in a mental health or suicidal crisis, call or text 988. The Florida 988 Lifeline is free and available 24/7, and it can connect a person with a substance use disorder to a crisis counselor. Counselors may refer callers to mobile or short-term crisis care (DCF 988 Florida Lifeline).

In a true emergency, the court can act faster. When emergency circumstances are claimed, the court may enter an ex parte order for assessment and stabilization based on the petition alone. A provider may hold him for up to 72 hours of observation unless a listed condition applies (Fla. Stat. § 397.6818).

That speed has a limit. Keep your phone charged and know where he is staying, because the court and law enforcement need that location to act.

Talk Through Your Situation With Robinson Casey

If you want a legal path to get your adult son into treatment, you don’t have to sort out the Marchman Act alone. You want a legal way to get your son into proper treatment, with people who understand addiction, so you no longer manage this crisis by yourself.

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. It serves families in Miami-Dade, South Florida and statewide. Richard J. Casey III, Esq. is responsible for this page.

Our team offers a free first consultation that is confidential and comes with no obligation to continue. In that call, you can describe what your son is doing and ask what the Marchman Act could mean for your family. No outcome is promised here.

Call (561) 849-4149 or send a message through our contact page to talk through what you’re facing.

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