
Florida Family Guide | Marchman Act and Guardianship
Your Adult Son Is Struggling. You Don't Have to Figure Out the Next Step Alone.
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida, and across Florida. Learn your options, then talk with our team.
Casey III, Esq. · Published November 6, 2026
To help an adult son who is struggling with addiction, keep him safe first, set firm limits on money and housing, and talk with him calmly. If he keeps refusing treatment, Florida’s Marchman Act may give your family a court route to assessment and treatment. This guide walks through each step so you can act with a plan, not just react to the next crisis.
Where you are right now
The question “How do I help my adult son who is struggling?” usually comes after years of effort. You may have paid for treatment, tried interventions, and set boundaries that did not hold. Then a recent overdose, relapse, hospital stay, arrest, or disappearance made everything feel urgent. That fear makes sense. This page covers what you can do at home, and what legal options Florida offers when your son will not accept help. No single step fixes addiction, and nothing here predicts a result for your son.
If you feel your son's safety is slipping out of your hands, our team can talk with you about what Florida law may allow. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

First, make sure he is safe
If he has overdosed, is unresponsive, is not breathing, or is having seizures, call 911 right away. Naloxone (Narcan) is a medicine that can reverse an opioid overdose. Keep it in the home, and tell the people who live with you where it is kept.
Do not leave him alone while he is intoxicated, especially after a recent overdose or a hospital discharge. Watch for signs that things are getting worse. These include repeated overdoses, days missing from home, losing housing, threats to hurt himself, and arrests.
Write a short list of emergency numbers, his doctors, and his medications. Keep it in one place you can grab quickly. Your son’s safety comes before any debate about treatment.
Supporting him without enabling him
Supporting your son means staying in contact, helping him look at treatment options, and keeping your own limits. Enabling means shielding him from the results of his drug use. That includes paying bills that fund his use, lending cash, or making excuses to other people.
The Partnership to End Addiction offers general guidance on telling these apart. It also covers when to let an adult child feel the consequences of substance use.
Common limits include no cash, no bailing him out of trouble he created, and no housing while he is using. Limits only work when you state them clearly and keep them the same each time. Stealing or lying about money is a common sign that it is time to act, not wait.
Talking with him when things are hard
The best time to talk is when he is sober and calm. Avoid arguments and conversations while he is high. Use short, specific statements about what you saw and what worries you. “I saw you did not come home Tuesday, and I was scared” lands better than a long lecture or a label.
Listen for what he says about his own pain. Avoid long debates over whether he has a problem, because those often end in a fight. The SAMHSA family support guide offers tips for talking compassionately about substance use with a loved one.
Say what you will do and what you will not do, then follow through. Expect that some talks will go badly. One conversation rarely changes a long pattern, and a hard talk does not mean you failed.
When he refuses help and the crisis keeps returning
Florida’s Marchman Act, in Chapter 397 of the Florida Statutes, lets a court order assessment and treatment for an adult who meets the legal criteria. Under Fla. Stat. § 397.675, a person may meet the criteria if there is a good faith reason to believe he is substance abuse impaired. Because of that impairment, he must also have lost the power of self-control with respect to substance abuse. The law adds another showing, such as judgment so impaired he cannot see his need for services, or a substantial likelihood he will harm himself or others.
For an adult, Fla. Stat. § 397.68112 allows a petition by any relative, so a parent can file. Under Fla. Stat. § 397.681, the clerk may not charge a fee to file it.
If the conditions are proved by clear and convincing evidence, the court may order treatment for up to 90 days, under Fla. Stat. § 397.697.
Whether this process fits your family depends on the facts. A lawyer can review those facts with you. The Marchman Act guide explains the full process.
Taking care of yourself while you help
Years of crisis take a toll. Many parents lose sleep, dread every phone call, and feel they carry everything alone. Set a limit on how often you answer crisis calls, especially late at night.
Plan your own sleep and meals. Keep some time for work and for people you trust. Tell one trusted person what is happening, so you are not the only one who knows. You do not have to hold this alone.
A relapse after a hospital stay does not prove you failed. The NIAAA alcohol use disorder fact sheet describes alcohol use disorder as a medical condition. It also says that evidence-based treatments can help a person recover.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Talk with our team about your son’s situation
A legal conversation can help you see which Florida options may fit your son’s situation. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide.
Can I file a Marchman Act petition for my adult son?
Yes. For an adult, Florida law allows any relative to file a petition, as described under Fla. Stat. § 397.68112.
Does my son have the right to a lawyer?
Yes.
Where is a Marchman Act petition filed?
It is filed with the clerk of the court in the county where your son is located, under Fla. Stat. § 397.681.
If you feel your son’s safety is slipping out of your hands, call Robinson Casey at (561) 849-4700 or request a consultation at our contact page. The first consultation is free, confidential, and carries no obligation to continue.
How Robinson Casey Can Help Your Family
Marchman Act Petitions
We help families prepare and file Marchman Act petitions when an adult family member's substance use puts them or others at risk.
Guardianship Matters
We handle emergency temporary, plenary, limited, and mental health guardianship matters under Florida law.
Involuntary Commitment for Addiction
We explain the involuntary commitment process for addiction and how it fits into your family's situation.
Clear Explanations
Our team walks you through each step in plain language so you know what to expect.
Don't Wait for a Crisis to Ask Questions
Legal options for an adult family member often move quickly once a situation becomes urgent. Talking with a lawyer early helps you understand your options before a crisis takes hold.
Ways to Start
Share What You Are Seeing
Write down the specific concerns, incidents, and dates you have observed. This helps us understand your family's situation.
Gather Key Information
Collect any medical, treatment, or court records you already have, along with your son's full legal name and address.
Talk With Our Team
Contact us for a free first consultation. It is confidential and comes with no obligation to continue.
