When Your Adult Son Won't Get Help, You Still Have Options

If your adult son won’t get help in Florida, you still have legal options. A parent can be one of the people who asks a court to step in under the Marchman Act. This page explains those options in plain language.

Where You Are Right Now When Your Adult Son Refuses Help

Watching a grown child turn down help is one of the hardest things a parent can face. You may feel worried, stuck, and unsure what you’re allowed to do. That reaction is normal. Families often reach this point after repeated refusals or a dangerous episode.

Being his parent does not, by itself, let you send him to treatment. Florida law sets specific tests a court must apply first. Those tests protect your son’s rights, and they also shape what your family needs to prepare.

This page gives you the general framework. It is not advice on your own facts. A conversation with a lawyer can look at the details you know.

Why an Adult Son’s Refusal Changes What a Parent Can Do

A refusal alone does not give a court what it needs. Under Florida’s involuntary admission criteria, a refusal of services is not, by itself, evidence of lack of judgment about needing care.

The statute asks for more. A court needs a good faith reason to believe your son is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. It must also find that he has lost the power of self-control with respect to substance use.

It needs one more finding. Either he cannot appreciate his need for help, or he is likely to neglect himself in a way that poses a real and present threat of substantial harm, and it is not apparent that the harm can be avoided through willing, able, and responsible family, 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.” Or he has hurt, threatened, or is likely to hurt himself or someone else.

A common mistake is describing general worry instead of specific events. Courts look for facts that match these tests, such as a dated incident or a specific threat.

Even when the facts fit, a judge makes the call. The court must find that a person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder, and because of that the listed conditions are met before it orders treatment.

How Florida’s Marchman Act Can Apply to an Adult Son

A parent can file a Marchman Act petition for an adult son. Florida lets any relative file for an adult respondent, under who may petition.

The petition names your son and you. It states your relationship and sets out the facts. It must explain why you believe he is impaired and has lost self-control. A report from a qualified professional who examined him within 30 days can be attached. If he was never assessed or refused, the petition must say so, per petition contents.

The clerk cannot charge a filing fee under county filing rules.

Your son has a right to counsel at every stage, which he may waive only if he is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The court must appoint a lawyer for him if it believes he needs or desires counsel, without regard to his own wishes. If your son does not appear at the hearing for any reason, and the court reasonably believes he meets the commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days. If his location is known at the time of the hearing, the court must continue the case for no more than 10 court working days.

Under emergency order rules, a provider generally may hold a person for no more than 72 hours of observation, with listed exceptions.

For the full framework, read our involuntary commitment guide.

When a Pending Criminal Charge or Your Son’s Age Changes the Picture

A pending criminal charge can bring a court-referral path into play. Under offender referral rules, a court or criminal justice authority may require an offender to get services from a licensed provider.

That referral comes in addition to any penalty or sentence. Provider assignment depends on available space, budget, and whether the offender can be safely managed.

This path runs through the criminal justice system. It is not a family petition, so keep the two in separate folders.

Your son’s age matters too, since the Marchman Act covers both adults and youth. Which path fits depends on the facts of his situation.

Guardianship: A Different Question From Addiction

Guardianship asks a different question. It looks at whether a person can exercise specific rights, not whether he uses substances. Under Florida incapacity procedures, a court may find incapacity only on clear and convincing evidence. It may remove only the rights the person cannot exercise.

Emergency temporary guardianship is a short-term option. Notice must reach your son and his lawyer at least 24 hours before the hearing, unless substantial harm would result. Under emergency temporary guardianship rules, its authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first, and may be extended for another 90 days upon a showing that the emergency conditions still exist.

Plenary guardianship is one of the guardianship matters this firm handles. Limited guardianship covers only the rights a court names. Mental health guardianship focuses on decisions tied to mental health care.

When mental health and substance use occur together, more than one path may apply. Your family’s facts will show which questions matter most.

Gathering What You Know Before You Talk to a Lawyer

The most useful thing you can bring is a dated account of what has happened. Clear records make the first conversation more productive.

Gather these details:

• Dates and descriptions of incidents where your son was impaired or put himself or others at risk.
• Treatment offers he turned down, and when.
• Substances or medications you know he uses.
• Contact with police, hospitals, or emergency services, with any report numbers.

Write notes at the time, not weeks later from memory. Short, factual lines work well: the date, what happened, and who saw it. Family members who know his history can also testify at a hearing, so note who was present for key events.

If someone is in immediate danger, call 911 right away.

Staying Connected to Your Son While You Decide

Calm, steady contact is something you can keep up while you weigh your options. Short, clear messages work better than long arguments in the heat of the moment. Say what you’ve noticed and what worries you, without threats you won’t follow through on.

Stepping back from paying bills or covering consequences is a separate question from ending contact. The right answer varies with your family’s circumstances, so think it through before you change anything.

Caregiver stress is common, and it can wear down your health. Keep your own sleep, checkups, and trusted friendships in your routine.

Talk Through Your Son’s Situation With Robinson Casey

Robinson Casey focuses on Marchman Act petitions and guardianship matters, and our team serves families in Miami-Dade, across South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

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