Baker Act or Marchman Act? Understanding the Law for Mental Illness and Addiction

When Your Loved One Has Both a Mental Illness and an Addiction

Florida uses two civil laws for these crises. The Baker Act covers mental illness, and the Marchman Act covers substance use. When one person has both, the question is which law fits the facts, or how they work together.

You’ve probably lived this cycle more than once. Your loved one stops caring for basic needs and refuses help. Money goes missing, rent is late, and each crisis ends in an emergency room or a hospital bed. Then it starts again.

You may fear what comes next. You might worry about irreversible harm, financial exploitation, dangerous decisions, or another psychiatric hospitalization.

This page explains the Baker Act and the Marchman Act side by side. It covers who can file, what happens after filing, and how families protect money, housing and daily decisions. The goal is to give you a clear framework before you talk through your family’s specific facts.

What the Baker Act Covers

It applies when the statutory criteria are met, not simply because a family is worried.

Under Fla. Stat. § 394.463, a person may be taken to a receiving facility for involuntary examination if there is reason to believe they have a mental illness and, because of that mental illness, they meet further criteria, such as refusing voluntary examination after its purpose has been explained.

The statute lets a physician, physician assistant, clinical psychologist, psychiatric nurse, advanced practice registered nurse, mental health counselor, marriage and family therapist, or clinical social worker execute a certificate stating that they examined the person within the preceding 48 hours.

The Baker Act is built around mental illness. It is not designed around substance use as the main condition. When addiction is the central problem, the Marchman Act is the statute built for that question.

This firm limits its practice to Marchman Act petitions and guardianship matters. A matter that arises only under the Baker Act may need to be handled by a different lawyer or firm.

What the Marchman Act Covers

The Marchman Act is Florida’s civil law for people whose substance use impairs their self-control and judgment. It allows a court to order involuntary assessment and treatment when the criteria are met.

Under Fla. Stat. § 397.675, a person qualifies if there is good faith reason to believe they are substance abuse impaired. A co-occurring mental health disorder also counts. Because of that impairment, the person must have lost the power of self-control over substance use.

A second test must also be met. The person either needs services but cannot appreciate that need or make a rational decision about it. Or, without care, they are likely to neglect themselves in a way that poses a real and present threat of substantial harm, and 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 they have inflicted, threatened, or attempted to inflict, or, unless admitted, are likely to inflict, physical harm on themselves or another.

Mere refusal to receive services is not, by itself, evidence of lack of judgment. 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.” Families often hear “he just won’t go.” The law requires more than that.

For an adult, Fla. Stat. § 397.68112 lets a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment file the petition.

How the Two Acts Work When Both Conditions Are Present

A petition for a person with both conditions depends on the facts in the record. The evaluation shows which condition is driving the danger, and that shapes the path.

Doctors and researchers do not use these terms the same way. A PubMed Central article notes that “involuntary treatment” lacks one shared meaning across U.S. behavioral-health services.

Florida’s Marchman criteria expressly reach a substance use disorder paired with a co-occurring mental health disorder. Still, needs can shift during an episode of care. If, at any point during the hearing, the court has reason to believe the respondent, due to mental illness other than or in addition to substance abuse impairment, meets the involuntary commitment provisions of part I of chapter 394 (the Baker Act), the court may initiate involuntary examination proceedings under those provisions.

A common mistake is choosing a statute based on a family’s label for the problem. The records, assessments and timeline decide the case. A lawyer reviews those documents before a path is chosen.

Who Can File, What Must Be Proven, and What Happens After Filing

A Marchman petition is filed with the clerk of court in the county where the person is located. Under Fla. Stat. § 397.681, the clerk may not charge a fee to file it.

Under Fla. Stat. § 397.681, a petition must be filed with the clerk of the court in the county where the person is located; a wrong-county filing is treated as a venue problem that did not take away the court’s jurisdiction in J.P. v. J.N.. In J.P. v. J.N., the Fifth District held that a wrong-county filing did not take away the court’s jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

The petition must name the person and the petitioner, state their relationship, and list the facts showing the need for services. Under Fla. Stat. § 397.68151, the court sets a hearing within 10 court working days unless a continuance is granted.

The petitioner must prove the case by clear and convincing evidence. Under Fla. Stat. § 397.68151, the court must immediately determine whether the respondent has an attorney or whether appointing one is appropriate. Upon the filing of a petition for involuntary services for a substance abuse impaired person, the court must immediately determine whether the respondent is represented by an attorney or whether appointment of counsel is appropriate. If counsel is appointed, the clerk notifies the Office of Criminal Conflict and Civil Regional Counsel, which represents the person until the petition is dismissed, the court order expires, the person is discharged from involuntary treatment services, or the office is otherwise discharged by the court (Fla. Stat. § 397.68151(1)). Under Fla. Stat. § 397.68151, upon the filing of a petition for involuntary services for a substance abuse impaired person, the court must immediately determine whether the respondent is represented by an attorney or whether appointment of counsel is appropriate.

If the court orders treatment, Fla. Stat. § 397.697 limits that order to 90 days. A renewal may be requested before the period ends.

Protecting Money, Housing and Daily Decisions in the Meantime

An involuntary treatment order addresses a crisis episode. It does not, by itself, manage money, housing or everyday decisions over the long term.

Florida guardianship is a separate legal tool for that longer problem. The right type turns on what your loved one can still decide safely.

Money and housing often need attention at the same time as a legal case. Our related guides cover protecting household finances for an adult family member in crisis, and planning for an adult child who is homeless. Our Miami-Dade guide covers local context for families in that county.

Talk With Robinson Casey About Your Loved One’s Situation

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families in South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

If your loved one has both a mental illness and an addiction, the next step is a review of the facts. Call (561) 849-4149 or request a consultation. The first consultation is free, confidential and without obligation.