Marchman Act Attorney in Florida: Dual Diagnosis Cases

If your loved one has both an addiction and a mental illness, you may feel stuck between systems that never seem to connect. Florida law does address this situation, but the right path depends on which condition is driving the danger.

In short, the Marchman Act covers court-ordered treatment for substance abuse. Guardianship covers ongoing decisions about care, money and housing. This page explains how a dual diagnosis case can move through these laws in South Florida and across the state.

When Addiction and Mental Illness Happen Together

A dual diagnosis means a person has a substance use disorder and a mental health disorder at the same time. Florida’s Marchman Act criteria use the same idea, describing a substance use disorder and a co-occurring mental health disorder (§ 397.675).

If your loved one keeps refusing care, you may be living with fears that grow each week. You may fear irreversible harm to them. You may fear that someone is taking their money. You may fear a dangerous choice about where they live or how they eat. You may also fear another psychiatric crisis.

Those fears are reasonable. Florida law gives families a route to court. It also sets clear rules for who may file, what a petition must say and what a judge must find. It does not promise how any judge will rule. The rest of this page walks through those rules in plain words.

What the Marchman Act Covers

The Marchman Act handles court-ordered treatment for substance abuse. The Baker Act handles examinations for mental illness.

• Marchman Act (Chapter 397): A court process for involuntary treatment of a person impaired by substance abuse. Under § 397.68112, an adult’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment may file.
• Under § 394.463, a person may be taken to a receiving facility if there is reason to believe they have a mental illness and, because of it, they refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination, or they cannot decide for themselves whether examination is necessary, and the section’s other listed criteria are also met.

Dual diagnosis cases can touch both laws. If a Marchman case raises a concern about mental illness, the court may start examination proceedings under the Baker Act provisions (§ 397.6957).

Repeated admissions can count as evidence.

How a Marchman Act Petition Moves Through Court

A Marchman Act petition is filed with the clerk in the county where your loved one is physically located (§ 397.681).

1. Filing. The petition names your loved one as respondent. It states your name, your relationship, and the facts behind your belief. It must explain why you believe they have lost self-control over substance use (§ 397.68141).
2. Counsel and hearing date. The court decides whether your loved one has a lawyer or needs one. The hearing must be set within 10 court working days unless a continuance is granted (§ 397.68151). A Florida appeals court has held that a Marchman respondent has a constitutional right to counsel (Hillsborough County v. Albrechta).
3. Assessment. A person generally cannot be ordered into treatment without a clinical assessment. The court reviews the results of the assessment completed by a qualified professional (§ 397.6957).
4. Renewal. If the court grants a renewal petition, it may order treatment for up to an additional 90 days (§ 397.6975). A renewal can be requested before that period ends (§ 397.697; § 397.6975).

Who presents the case matters. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the Fifth District held that a court erred by calling and questioning the professional when the petitioner was absent. The Fourth District has certified conflict on related questions, so that rule is Fifth District law, not a statewide rule.

How any case turns depends on the facts and the judge’s findings. No result can be promised.

Guardianship When Your Loved One Cannot Make Safe Decisions

Guardianship is a court process in which a judge appoints a guardian to make decisions for a person the court finds unable to make them safely. It is a separate route from the Marchman Act. It deals with ongoing needs such as care, money and housing.

• A petition to determine incapacity must state which rights listed in s. 744.3215 the person is incapable of exercising, to the best of the petitioner’s knowledge; if the petitioner has insufficient experience to make such judgments, the petition must say so (§ 744.3201).
• Plenary and limited guardianship. These differ in how much authority the court gives the guardian. Limited guardianship covers fewer decisions.
• Emergency temporary guardianship. The court may appoint an emergency temporary guardian after a petition to determine incapacity is filed. The court must find there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated or lost, unless immediate action is taken (§ 744.3031).

The authority lasts 90 days or until a guardian is appointed, whichever comes first. It can be extended for another 90 days if the emergency still exists.

What to Gather for a First Consultation

Gathering records early helps a lawyer see the facts a petition must state. Before a first consultation, put together:

• A dated list of hospitalizations, emergency visits, arrests or incidents tied to substance use or mental illness.
• Names and contact details of treating providers, prescribers and case managers.
• Records of money concerns, such as unpaid bills, large withdrawals or people who may be taking advantage.
• Where your loved one lives now, who else lives there, and any housing risks you have seen.
• Any evaluation or report from a qualified professional who examined your loved one within the last 30 days. If no assessment has happened, note that too, since the petition must say so (§ 397.68141).
• A short written timeline of the last six to twelve months.

Why Families Bring This Matter to Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

• Responsible lawyer: Richard J. Casey III, Esq., is the responsible lawyer for this page.
• Support staff: Our team includes assistants and office staff who help keep records, scheduling and paperwork organized.
• Plain explanations: We walk families through each filing and hearing date in plain language, so you know what comes next.
• Referrals: If a matter may be referred to another lawyer or firm, this page says so.

Questions Families Ask Before They Decide

A Next Step for Your Family

You may be reading this on someone else’s behalf, in the middle of a crisis you did not choose. Your loved one’s addiction and mental illness may be putting their safety, money or housing at risk.

If that is where you are, a conversation about Marchman Act and guardianship options is a sensible next step. Call (561) 849-4149 or request a consultation. The first consultation is free, confidential and carries no obligation to continue.