What Proof a Marchman Act Petition Needs in Florida

A judge needs specific, recent facts showing that a person’s drinking or drug use impairs them and causes harm, or a real threat of harm. General worry about substance use is not enough to support a Marchman Act petition in Florida.

This guide explains what those facts look like and how to record them today. It follows Chapter 397 of the Florida Statutes, which sets the rules for involuntary treatment for substance abuse impairment. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, and serves families across South Florida and statewide.

The Short Answer: Specific, Recent Facts About Use and Harm

The proof a judge looks for is dated, specific, and tied to harm. It is not a summary of how a person always behaves.

The statute asks for a good-faith reason to believe the person is impaired and has lost self-control. Fla. Stat. § 397.675 sets out that standard.

Recent facts matter because the court is looking at what is happening now. Specific facts matter for the same reason. Compare two statements. “He drinks too much” is a conclusion. “On May 9, he fell in the driveway and could not get up without help” is a fact a judge can weigh.

Each useful fact has a few parts: the date, the place, what you saw or heard, the substance if you know it, and who else was there. The sections below show how to build each part.

What Chapter 397 Requires for an Involuntary Addiction Petition

Under Fla. Stat. § 397.675, a person meets the criteria if there is a good-faith reason to believe they are substance abuse impaired, or have a substance use disorder with a co-occurring mental health disorder. Because of that condition, they must have lost the power of self-control with respect to substance abuse.

The first covers a person who needs substance abuse services and whose judgment is so impaired they cannot appreciate that need or make a rational decision about it. 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.”

The second route covers a person who, without care, is likely to neglect themselves in a way that poses a real and present threat of substantial harm. 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.” It also covers a substantial likelihood of physical harm to self or others. 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.”

The petition must also follow a set content. Under Fla. Stat. § 397.68141, it must name the respondent and the petitioner, state their relationship, and name the respondent’s attorney if known. It must also give the reasons for each belief.

Who may file matters too. Under Fla. Stat. § 397.68112, an adult’s petition may come from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.

Showing Substance Abuse Impairment with Observable Facts

Impairment is shown by what someone saw or heard at a specific time. A label like “always drunk” does not show it.

Useful observations are concrete. Slurred speech, unsteady walking, or sleeping through the day are examples. So is agitation that followed drinking or drug use. Write down the substance if you know it. If you don’t know it, say so and don’t guess.

Here is a dated example: “On March 3, he could not stand from the couch without holding the armrest. His speech was slurred.” A judge can weigh that. “He is always a mess” cannot be tested.

Family testimony counts. Under Fla. Stat. § 397.6957, the court hears all relevant evidence. That includes testimony from family members who know the person’s history and how it relates to the current condition. The court may also order drug tests.

Documenting Harm, or the Likelihood of Harm, to Self or Others

Harm is shown through specific incidents, and a pattern of incidents helps show what may happen next.

Categories worth recording include injuries or falls, driving incidents, property damage, threats, missed work or school, children or dependents left without safe care, and medical emergencies tied to use. Each entry should name the date, what happened, and what followed.

Note who saw each incident. Write down whether police, fire, or medical responders came, and keep any report numbers. Those details let the court check your account against outside records.

Then record the help that was tried. If you offered rides, paid for care, or brought in others, write down what you did and how it turned out.

A single event can matter. A series of dated events usually gives the court more to weigh than one event alone.

How to Keep a Dated Log of Drinking or Drug Use

A dated log is the simplest way to keep facts straight over time.

Use one line per event. Include the date, time, location, what you observed, the substance if known, the behavior, and who else was present. Write the entry the same day, in plain words. Avoid labels like “crazy” or “out of control.”

Keep the original notes unedited. If you fix a typo, keep the first version too. A same-day note is easier to explain later than a rewritten one.

Texts, voicemails, emails, and photos can help too. Keep them in one folder, with dates and sources. Think about privacy and safety before you record or share anyone.

Treatment records carry their own rules. Under 42 U.S.C. § 290dd-2, records that identify a patient’s substance use diagnosis or treatment, kept by a federally assisted program, are confidential. They may be disclosed only as the law allows, including by court order after a showing of good cause.

If a law, administrative agency rule, or court rule authorizes or requires that a document be verified, you may sign a written declaration about your facts instead, Fla. Stat. § 92.525. The declaration must read: “Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true,” and may add “to the best of my knowledge and belief” only where verification on information or belief is permitted. Knowingly making a false declaration is a third-degree felony under that section. Sign only what you can confirm.

Prior Help Offered, Declined, or Attempted

Under Fla. Stat. § 397.68141, if the respondent was never assessed or refused an assessment, the petition must say so. A petition may also be accompanied by a qualified professional’s report from an exam within 30 days before filing.

Refusal alone is not enough. Under Fla. Stat. § 397.675, mere refusal of services does not by itself show lack of judgment.

Gather the dates and names of past programs, discharge papers, and any written communications about treatment. Record each offer, when it was made, and how the person answered.

If you tried to talk about treatment, write down what you said and how the person responded. Keep the note factual, with no commentary.

Records and Paperwork Families Commonly Gather

Most families gather dated notes, incident reports, and prior treatment paperwork, then organize them around the petition’s required contents.

Records that often matter include records you can lawfully get from a hospital or urgent care visit, police or incident reports, prior court records, school or employer notices, and treatment discharge summaries. Keep copies in one place, with a short index of dates and sources.

Filing location matters. Under Fla. Stat. § 397.681, a petition is filed with the clerk in the county where the person is located.

Timing matters too. Under Fla. Stat. § 397.68151, the court must schedule a hearing within 10 court working days unless a continuance is granted. Under Fla. Stat. § 397.697, an order requires the conditions to be proved by clear and convincing evidence.

What the Firm Reviews in a Consultation, and Next Steps

If you are deciding whether to file after a loved one’s drinking led to a fall, a driving incident, or repeated threats, bring your log and records to a consultation with Robinson Casey. The firm can look at what you have, what is missing, and what the statute asks for.

The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or request a consultation.

Richard J. Casey III, Esq. is the responsible attorney for this page. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters.

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