Marchman Act Consultation: What to Bring to Your First Meeting

A Marchman Act consultation goes best when you bring what you already have. Bring identification for your loved one, any records about substance use, court or police papers, and a short written timeline. You don’t need every document to book a meeting. This guide covers what to gather before a consultation and what to ask. It is written for families in Miami-Dade and across South Florida who are weighing whether a court-ordered assessment is an option.

Your Free, Confidential First Consultation

Your first consultation is free, confidential, and carries no obligation to continue. Robinson Casey focuses on Marchman Act petitions and guardianship matters, so the meeting stays on your family’s situation.

During the meeting, you can review what is happening with your loved one. You can also learn how the Marchman Act process works and decide what to do next. You don’t need to be sure you want to file before you come in.

The lists below help the meeting go further. Bring what you can. If you’re new to this area, start with the Marchman Act overview, then come back to this checklist.

Documents to Gather Before You Meet

Bring identification, your own contact details, and any paper that shows substance use or treatment history. The person named in a petition is the respondent. The person who files is the petitioner. Your papers help show both roles and the facts between them.

• Full legal name, date of birth, and last known address for your loved one, plus your own contact information.
• Records of any detox, treatment program, assessment, or hospital visit tied to substance use.
• Court, police, or emergency room papers connected to substance use, with dates and case numbers if you know them.
• Any petition, court order, or involuntary assessment paperwork you have already received.
• A current list of medications and diagnoses, with the names of the prescribing providers.
• Texts, letters, or emails that show your concern, kept in their original form.

Keep the originals safe and bring copies. The law sets clear content rules for a petition. It must name the respondent and the petitioner, state how they are related, name the respondent’s attorney if known, and set out the factual allegations establishing the need for involuntary services for substance abuse impairment. Fla. Stat. § 397.68141 sets those rules. A petition may also include a professional’s report from the 30 days before filing. If the person was never assessed, or refused an evaluation, the petition must say so.

Building a Written Timeline of Events

A short, dated timeline is the most practical document you can bring. Start with when substance use began or changed, what it looked like, and which substances were involved if you know.

Then list the events that worried you most. Include threats, falls, driving incidents, or self-harm, with approximate dates. Note each past attempt at voluntary treatment, the program name, and how it ended. Name the people who saw each event and how to reach them.

Florida’s criteria ask whether the person has lost the power of self-control with respect to substance abuse. They also ask whether the person needs services and can’t appreciate that need, or whether harm is likely. Fla. Stat. § 397.675 sets out those criteria. Which ones fit depends on the facts. Vague summaries like “he’s always drinking” give a court little to work with. Specific dates and events do much more.

Who Is Involved in the Person’s Care

List every person who has seen your loved one’s condition firsthand. Add each provider who has treated them, including physicians, therapists, counselors, and sponsors. Close family members and friends belong on the list too.

Also note who helps right now with medical appointments, money, or rides. Describe the living situation and whether anyone in the home may be at risk. These details show the lawyer who is involved and who may need to be heard.

Florida law limits who may file a petition for an adult. A spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment may file. Fla. Stat. § 397.68112 sets out that list: for an adult, a petition may be filed by the respondent’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. If you aren’t sure you qualify, say so at the consultation.

Fla. Stat. § 397.681 gives the respondent the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment, though the respondent may waive that right if present and the court finds the waiver knowing, intelligent, and voluntary. If the court believes the respondent needs or desires counsel, the court shall appoint counsel for the respondent without regard to the respondent’s wishes.

Questions to Ask at the Consultation

Bring a written list of questions about the process, who may file, what the petition needs, and what it will cost you. Write the answers down during the meeting.

• How the Marchman Act process moves from first contact through each court step.
• Who may file, and whether you qualify to file.
• What the petition must include and what evidence the court considers.
• Which county the petition goes to, based on where your loved one is physically located when you file.
• What happens at the hearing, and who attends.
• What costs may apply, including fees and charges for services.
• Whether the matter could be referred to another lawyer or firm, and how that would work.
• What to do in the meantime if your loved one’s condition becomes urgent.

On location, the statute says a petition is filed with the clerk in the county where the person is located. Fla. Stat. § 397.681 also says the clerk may not charge a fee to file it. Service providers must disclose the full charge and your share before admission. Fla. Stat. § 397.431 covers that disclosure.

Questions Families Often Ask About the Marchman Act

The answers below cover the basic rules a family should know before a meeting.

How the Marchman Act Differs From the Baker Act

The Marchman Act deals with substance use, while the Baker Act is a separate Florida law aimed at mental health crises. Some people have both a substance use problem and a co-occurring mental health disorder.

Florida’s involuntary admission criteria cover that combined case. Fla. Stat. § 397.675 includes a person with a substance use disorder and a co-occurring mental health disorder. Bring any mental health history to your consultation so the lawyer can review it with the rest of the facts.

Before you file, you may also want to read what to say to your loved one. Talking first can help you prepare for the conversation ahead.

Next Step: Contact Robinson Casey

If your loved one’s drinking or drug use has become dangerous, the next step is talking it through with us. Deciding whether to ask a court for an assessment is a hard call, especially when you worry about safety at home.

You don’t have to sort out the documents, timeline, and questions alone. Call (561) 849-4149 or send a message through the contact form to talk through your situation.

Robinson Casey serves families in Miami-Dade and across South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.