Marchman Act Attorney Florida: Adult Son Refuses Treatment

Your adult child may have just left the hospital after an overdose, and he won’t go back to treatment. You need to know what the law allows. In Florida, a parent may be able to file a Marchman Act petition, which asks a court to order assessment and treatment for an adult with a substance abuse impairment. A court can act only if the statute’s criteria are met.

This page explains what the Marchman Act is, who can file, what a judge reviews, and what to expect. It’s written for parents weighing this step for the first time.

If your adult son has just overdosed, start here

Gather the facts before you make the first call. You don’t need every detail, but a few records help a lot.

• Hospital discharge papers and any recommendations from his treating doctors, with the date he was released.
• A dated log of overdoses, hospital visits, threats, and statements about leaving treatment.
• Names of people who have seen his recent use or condition, and where he is staying now.
• His prior treatment history: each program, the dates, and why he left.

Florida law sets out what a petition must include: names of him and you, your relationship to him, his attorney’s name if known, and the facts showing why you believe he needs services (Fla. Stat. § 397.68141). If a qualified professional examined him within 30 days before filing, that report can be attached. If he refused an assessment, the petition must say so.

What is the Marchman Act, and who can file?

The Marchman Act is Florida’s law for court-ordered assessment and treatment of people with substance abuse impairment.

For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of his or her prior course of assessment and treatment (Fla. Stat. § 397.68112). As a parent, you are a relative, so you can file. Your adult child is the respondent. He has the right to a lawyer at every stage, though he may waive it if he is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A court appoints one if he cannot afford private counsel, and also when the court believes he needs or desires counsel (Fla. Stat. § 397.681).

Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, across South Florida, and statewide.

Can a petition work when he refuses treatment?

Refusal alone is not enough, but it is one fact a court weighs with others. The statute says mere refusal to receive services is not evidence of lack of judgment about the need for services (Fla. Stat. § 397.675).

The statute looks for loss of self-control with respect to substance use. It also requires one of the following:

• He cannot appreciate his need for services or make a rational decision about them.
• Without care, he is likely to neglect himself, which poses a real and present threat of substantial harm that willing, able family members or other services cannot avoid.
• There is a substantial likelihood he has inflicted, threatened, or attempted physical harm on himself or someone else, or will do so unless admitted.

Recent overdoses, hospital stays, and leaving treatment early are facts a court can review. How a case turns depends on the facts and the evidence presented. No lawyer can promise how a judge will rule.

How does the process work, and what does an order do?

A case moves in a set order: petition, hearing, and, if the court finds the criteria met, a treatment order. Timing follows court schedules and the facts, so each stage can take time.

1. Filing. The petition goes to the clerk in the county where your adult child is physically located. A Florida appeals court held that filing in the wrong county is a venue problem, not a loss of jurisdiction, so the remedy is transfer, not dismissal (J.P. v. J.N.).
2. Emergency orders. If emergency circumstances exist, a court can enter an ex parte assessment and stabilization order based on the petition alone, without appointing an attorney first. A provider may hold him up to 72 hours of observation unless an exception applies (Fla. Stat. § 397.6818).
3. Hearing. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). The court reviews all relevant evidence, including testimony from family members who know his history.
4. Order. If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days. A private provider is possible if he has the ability to pay, or if someone on his behalf voluntarily demonstrates a willingness and an ability to pay for the treatment (Fla. Stat. § 397.697).
5. Renewal and discharge. A renewal petition must be filed before the period ends, either by the service provider or by you as the original petitioner with supporting documentation from the provider, and the court may add up to another 90 days (Fla. Stat. § 397.6975). Discharge planning must cover follow-up appointments, medications, living arrangements, transportation, and recovery support (Fla. Stat. § 397.6977).

A petition does not replace medical care or ongoing family support.

Your fears, answered plainly

A petition can’t remove every risk. It can open a court path to assessment and treatment.

• Overdose or death. The criteria focus on people at real risk of serious harm. A court order can’t promise he will stay safe, but it can direct him to assessment and care.
• Incarceration. The court can direct law enforcement to take him to a provider for evaluation. The order itself directs treatment at a licensed provider.
• Homelessness. Discharge planning must address living arrangements and transportation. That is a plan, not a promise of housing.
• Losing hope. If you’ve already tried treatment, interventions, and limits, a court process is one more tool. It is not a promise of recovery, but it is a structured route.
• Pressure to act today. You don’t have to decide today. Start with the facts in the first section.

Quick answers

Talk through your situation with Robinson Casey

If your adult child has overdosed, left the hospital, and is refusing to return to treatment, you may be the one making every call right now. That weight is real, and you don’t have to sort out the legal side alone. Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Bring the discharge papers, your dated log, and the names of anyone who has seen his condition. Our team can help you organize those facts before the call.

Your first consultation is free, confidential, and carries no obligation to continue.

Call (561) 849-4149 or request a consultation to talk through what comes next.