Court Options for an Addicted Adult Who Is Homeless in Florida

Homeless addicted adult court options Florida families can use come down to two civil routes. The first is a Marchman Act petition for involuntary assessment and treatment. The second is a guardianship case, used when a court finds an adult lacks capacity to make certain decisions. This guide explains both paths, who can file, and what to gather before you speak with a lawyer. Richard J. Casey III, Esq. is the responsible attorney for this page.

Where You Are Right Now: A Loved One Who Is Homeless and Using Drugs

Florida law does provide a court route, even when the adult says no. Watching someone you love sleep outside, in a car, or in a stairwell is frightening. Many families reach this point after offers of help were turned down, after an overdose, or after police or shelter contact. This page is for information, not a verdict on the person. It explains what the law allows, so you can think through your next step with clear facts. We start with the Marchman Act, then cover guardianship. For the full overview, read our involuntary commitment for addiction guide.

What Is a Marchman Act Petition in Florida?

A Marchman Act petition is a civil court filing that asks a judge to order an assessment for an adult with substance abuse impairment. It is not a criminal case. The Florida Department of Children and Families explains that the Marchman Act allows involuntary assessment, stabilization, and treatment for adults and youth severely impaired by substance abuse.

A petition is filed with the clerk of court in the county where the adult is located, under Fla. Stat. § 397.681. The clerk may not charge a fee to file it. The adult is named as the respondent, and the person who files is the petitioner. A judge decides after a hearing whether the legal criteria are met, not the family.

Can I Force My Adult Child Into Rehab in Florida?

Florida law can allow a court to order treatment over an adult’s objection, but only if specific criteria are met. Under Fla. Stat. § 397.675, there must be a good faith reason to believe the adult is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. The adult must also have lost the power of self-control with respect to substance use. Then one of two things must be shown.

The first: the adult needs services, and impaired judgment leaves them unable to appreciate that need or make a rational decision about it. Simply refusing services is not, by itself, evidence of lacking judgment.

The second: without care, the adult is likely to neglect themselves, and that neglect 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.”

Facts about self-care, such as shelter, food, medical care, and safety, can bear on the neglect question. Facts about threats or violence can bear on the harm question.

Who Can File a Marchman Act Petition and What Must Be Shown?

Florida law sets out who may file a Marchman Act petition.

The petition must name the respondent and the petitioner, and explain their relationship. It must name the respondent’s attorney if known. The person is substance abuse impaired. They have lost the power of self-control.

Professional evaluations can be part of the facts supporting a petition, and whether one is needed depends on the case. If the adult was not assessed or refused, the petition must say so.

Specific, dated facts give a court more to work with than general labels like “he’s always high.” Write down what you saw, when, and where.

How Guardianship Can Be a Court Path When Capacity Is in Question

Guardianship is a separate court process, used when a judge finds an adult lacks capacity to make certain personal or financial decisions. Under Fla. Stat. § 744.331, each member of the examining committee must file his or her report with the clerk of the court within 15 days after appointment. One member must be a psychiatrist or other physician. The attending or family physician may not be appointed unless good cause is shown.

Emergency temporary guardianship is the urgent option. Under Fla. Stat. § 744.3031, after an incapacity petition is filed and before a guardian is appointed, a court may appoint an emergency temporary guardian. The court must specifically find that there appears to be imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated, or lost, unless immediate action is taken. The court must appoint counsel for the alleged incapacitated person. Notice must go out at least 24 hours before the hearing, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. This emergency authority expires 90 days after appointment or when a guardian is appointed, whichever comes first, but it may be extended for an additional 90 days upon a showing that the emergency conditions still exist.

Limited, plenary, and mental health guardianships are the other forms.

What the Court Process Generally Involves in Florida

A Marchman case moves from petition to notice to hearing, then to any court order. The court must schedule a hearing within 10 court working days unless it grants a continuance, under Fla. Stat. § 397.68151. The respondent, the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, and any other persons the court directs each receive a copy of the petition and notice (Fla. Stat. § 397.68151).

At the hearing, the respondent must be present unless the court excuses them. The court hears relevant evidence, including testimony from family members who know the person’s history. It may order drug tests under Fla. Stat. § 397.6957. Testimony is under oath and recorded. The respondent may refuse to testify.

The respondent has the right to a lawyer at every stage, and the court can appoint one for someone who cannot afford it. The opinion in Hillsborough County v. Albrechta is available from the Florida courts.

The Florida appeals court opinion in D.H. v. K.J.R. is available from the Florida courts.

Miami-Dade and South Florida: Filing in Your County’s Circuit Court

A Marchman petition belongs in the county where the adult is physically located when it is filed. A filing in the wrong county does not automatically end the case. The Fifth District opinion in J.P. v. J.N. is available from the Florida courts. In J.P. v. J.N., the court held that filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

For a homeless adult, location can change from one day to the next. Write down every place you know the adult stays, including shelters, parks, and friends’ homes. Those details help your lawyer plan where and how the papers reach the adult.

Robinson Casey takes Marchman Act and guardianship matters for families in Miami-Dade, South Florida, and statewide. Ask about the county that fits your facts when you call.

Preparing Before You Speak With a Florida Lawyer

Write down dated facts about drug use, housing, and harm before your first call. Specific details help a lawyer understand your situation quickly. Gather these when you can:

• Dates and descriptions of drug use and any harm to the adult or others
• Overdoses, emergency room visits, or hospital stays
• Police, jail, or shelter contacts
• Names and phone numbers of people who saw the behavior
• Past offers of treatment, attempts, or assessments, and who made them
• Any text, letter, or message where the adult refused help

Keep the timeline factual. Avoid making promises or threats to the adult that you cannot keep.

If your loved one is living on the street right now, you don’t have to work out the court options alone. Call Robinson Casey at (561) 849-4149 or contact us online to schedule a free, confidential first consultation with no obligation (consulta inicial gratuita, confidencial y sin compromiso). We can review your facts and explain which path may fit.