Marchman Act Attorney · Miami-Dade and South Florida
Bringing a Loved One Home From the Hospital: Know Your Next Steps
Robinson Casey focuses on Marchman Act petitions and guardianship matters for Florida families facing a hospital discharge. Richard J. Casey III, Esq., is responsible for this page. Call (561) 849-4149 to talk with our team.
By Richard J. Casey III, Esq. · Published October 26, 2026
If a family member is in a Florida hospital for addiction and discharge is coming soon, you need answers fast. A Marchman Act attorney can review the hold, explain the court steps, and prepare your family before the next hearing. This page explains how a hospital hold works, what the timeline looks like, and what to have ready when you talk with a lawyer.
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida, Miami-Dade, and across the state.
What a Marchman Act Hospital Hold Means for Families
A Marchman Act hospital hold is an emergency admission for assessment, not a voluntary stay. It happens under Florida’s addiction laws in Chapter 397 of the Florida Statutes.
The Marchman Act is the civil process for court-ordered assessment and treatment of an adult with substance use problems.
That is different from a patient who checks in on their own.
Confirm which law applies. The Baker Act covers mental illness, while the Marchman Act covers substance use. Some cases involve both. Treatment status terms also vary, so check the exact statute and status in the paperwork (PMC article on treatment terms).
This page is for family members who did not choose this situation and need to understand their options quickly.
If a loved one is in a hospital for addiction and discharge is nearing, you don't have to face the Marchman Act alone. Call (561) 849-4149 to talk through your family's situation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Can a Family Attorney Help Before the Hospital Discharges the Patient?
Yes. A family attorney can review the hold, explain the petition process, and prepare the family for the next court step before discharge. No lawyer can promise a result, though.
A lawyer cannot direct a medical discharge. Under § 397.6758, an involuntarily admitted person may be released without further court order only by a qualified professional in a hospital, detox facility, addictions receiving facility, or any less restrictive treatment component. The hospital team makes that call.
Counsel works through the petition and the hearing instead. That’s why timing matters. An emergency order can rest on the petition alone (§ 397.6818). The facts in the petition carry real weight. Contact a lawyer early, not on discharge day.
What an Attorney Does in the Days Before Discharge
A Marchman Act attorney checks the paperwork, builds the facts, and plans the filing. Here is what that work involves.
- Check the certificate. The professional’s certificate must state that the person was examined within the 5 days before the application date. It is valid for 7 days after issuance (§ 397.6793).
- Track the observation clock. A provider may not hold someone for more than 72 hours of observation unless an exception applies. Exceptions include a court-approved extension, signs of withdrawal or a medical need, and a weekend or holiday.
- Build a timeline. Write down dates of substance use, past treatment attempts, incidents, and anything the patient has said about treatment.
- Cover the petition contents. The petition must name the respondent and the petitioner, state their relationship, name the respondent’s attorney if known, and lay out the facts showing the need for services (§ 397.68141).
- Pick the right county. The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee (§ 397.681). A wrong-county filing is a venue problem, not a loss of jurisdiction (J.P. v. J.N.).
Mistakes that weaken a petition include vague dates, guesses stated as facts, and exaggeration the record can’t support. Stick to what you saw and when you saw it.
How a Marchman Act Case Moves Forward, Step by Step
A case moves from emergency admission to petition, hearing, and court order. Each step has set limits.
- Emergency admission. The facility holds the person for assessment within the 72-hour limit.
- Petition filed. The petition may include a professional’s report from an exam within 30 days before filing (§ 397.68141).
- Emergency order, if needed. The order must be carried out while the hearing is pending. If it is not executed by the initial hearing date, it is void (§ 397.6818).
- Testimony is taken under oath and recorded (§ 397.6957).
- Court order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (§ 397.697).
Timelines depend on the facts and the court calendar. A consultation with our attorneys can help your family understand how the law may apply to your situation.
What a Court Order Can Cover and What Follows
At the conclusion of the hearing the court either dismisses the petition or orders the respondent to receive involuntary treatment services from his or her chosen licensed service provider if possible and appropriate, with findings on the need for treatment and less restrictive alternatives. It ends on its own unless someone renews it.
- Treatment source. A court can order a publicly funded provider. It can order a private provider if the respondent has the ability to pay for the treatment, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay (§ 397.697).
- A person who no longer meets the criteria for involuntary admission may be transferred to voluntary treatment status only with informed consent (§ 397.6971).
- Renewal. A renewal petition must be filed before the period ends. The court must schedule a hearing within 10 court working days, to be held not more than 15 days after the petition is filed (§ 397.6975). Fla. Stat. § 397.6975 reads: “The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.”
- Discharge planning. Plans must address follow-up appointments, medications, living arrangements, transportation, and recovery support (§ 397.6977).
Many families start with a hard conversation before any filing. Our homeless adult treatment guide covers that step.
Questions Families Ask Before Filing
Most families ask about cost, timing, and attendance. Short answers follow.
Does a Marchman Act case cost money?
The clerk may not charge a fee to file the petition. Attorney fees and private treatment costs depend on the facts. Our first consultation is free, confidential, and without obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).
How long does a Marchman Act order last?
If the respondent does not appear at the hearing for any reason, including lack of service, and the court reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order that is valid for 90 days (§ 397.6818). The hospital hold itself is limited to 72 hours of observation, subject to exceptions.
Does my loved one have a right to a lawyer?
Yes. The respondent has the right to counsel at every stage. A respondent who desires counsel and cannot afford a private lawyer has the right to court-appointed counsel. The court may also appoint counsel without regard to the respondent’s wishes if it believes the respondent needs or desires counsel (§ 397.681).
Does the family member have to attend the hearing?
The respondent must be present unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present or, after proof of service and review of the circumstances, that presence is inconsistent with his or her best interests or likely to be injurious to self or others. Witnesses can testify remotely under oath.
What if the petitioner cannot attend the hearing?
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Why Families Work With Robinson Casey
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade, and statewide.
Our scope includes:
- Marchman Act petitions and involuntary commitment for addiction
- Guardianship, including emergency temporary, plenary, and limited guardianship
- Mental health guardianship
Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team, which includes support staff, helps families organize documents and schedule calls.
If a family member is in the hospital now and discharge is getting closer, you don’t have to sort out Florida’s addiction statutes alone. Call (561) 849-4149 or reach our contact page to set up your first consultation.
How Robinson Casey Supports Families
Focused Practice
Our practice focuses on Marchman Act petitions, guardianship, and involuntary commitment for addiction, so every matter is handled by lawyers who work in these areas every day.
Time-Sensitive Matters
Hospital discharge planning can move quickly. Our team is ready to discuss your situation promptly so you understand the options in front of you.
Family-Centered Guidance
We explain each step in plain language and keep families informed as their case moves forward.
South Florida and Statewide
We represent families across Miami-Dade, South Florida, and throughout Florida.
Do Not Wait to Ask for Help
Hospital staff and discharge schedules do not wait for families to be ready. Contacting a lawyer early gives you more time to understand the process and gather the information you may need.
Steps to Take Now
1. Ask the Care Team Questions
Request a clear explanation of your loved one's diagnosis, treatment plan, and expected discharge date.
2. Gather Key Records
Collect medical reports, prior treatment history, and contact details for the treating physicians and hospital social workers.
3. Contact Robinson Casey
Share the facts of your situation with our team so we can explain the Marchman Act process and the options that may apply.
4. Plan the Next Phase
Work with your lawyer on the petition, hearing preparation, and the care arrangements that follow discharge.