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Marchman Act & Guardianship | Robinson Casey

Helping a Family Member Struggling With Drug Addiction: Where to Start

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Our free first consultation is confidential and carries no obligation to continue.

By Richard J. Casey III, Esq. · Published October 14, 2026

To help a drug addict family member, stay calm, learn the warning signs, and raise your concerns when your loved one is sober. If the situation becomes unsafe, Florida’s Marchman Act is one legal option a court may consider. A judge decides whether any court process applies, and other requirements may apply too. This guide covers practical steps first, then the legal picture.

Start With What Addiction Is and Why It Is Hard to Stop

Drug use can be hard to stop, even for someone who wants to stop. Your loved one may deny there is a problem. That denial can be painful to hear, but it doesn’t mean your concern is wrong.

Think of your goal as understanding, not winning an argument. Anger and blame usually make conversations harder for you and for your loved one. Try to hear what they feel and what they fear. You don’t have to agree with every explanation to listen well.

Families often feel guilt, fear, and exhaustion all at once. Those feelings are normal. They don’t mean you have failed. You can love someone deeply and still refuse to treat drug use as normal in your home.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Recognizing Signs of Drug Use in a Family Member

Possible signs include changes in sleep, weight, mood, money, work or school performance, and secrecy. Each sign can have other causes, so treat them as clues, not proof.

Watch for patterns over time. One bad week may mean little. Repeated missed work, unpaid bills, sudden requests for cash, pulling away from family, or new secrecy about where they go deserve attention.

You may also notice drug paraphernalia, unexplained absences, or missing items around the house. These alone don’t establish a diagnosis. A doctor or licensed counselor can assess the person and make that kind of finding.

Keep a simple written log. Record the date, what you saw or heard, and exactly what was said. Stick to facts, such as “left the car running in the driveway until 3 a.m.” Avoid guesses like “he’s high again.” A clear log helps you describe your concerns to a doctor or counselor. It can also help if a court matter comes up later.

How to Talk to a Loved One About Drug Use

Talk when your loved one is sober, in private, and when neither of you is rushed. Avoid raising the subject during an argument or when someone has been drinking or using.

Use “I” statements that describe what you saw and how you feel. For example, you might say, “I noticed you missed dinner three times this week, and I’m worried about you.” Avoid labels such as “addict” or “junkie.” Labels tend to make people defensive and can shut the conversation down.

Listen more than you lecture. Let your loved one respond, even when you disagree. Expect denial or anger. If the talk turns hostile, you can end it calmly and try again later.

Offer one concrete next step, such as a visit with a doctor or an assessment by a licensed provider. A specific step is usually easier to answer than an open-ended demand to “just quit.”

Stop Enabling Without Abandoning the Person

Enabling means doing things that shield a person from the results of their drug use. Examples include paying bills tied to drug use, lying to employers or relatives for them, or covering for missed obligations.

Supporting is different. You can keep the relationship open, show care, and encourage treatment. You can also decline to give money or housing that makes drug use easier to continue.

Write your boundaries before you talk. Keep them specific and realistic. For example, “I won’t lend money for any reason” or “I’ll drive you to a doctor’s visit, but I won’t give you cash.” State each boundary calmly and only once. Expect your loved one to test it. Say what you will do, not what they must do.

A boundary protects you and your household. It is not a substitute for professional care, and it doesn’t decide whether your loved one gets treatment.

Planning a Family Intervention

A family intervention is a planned conversation in which family members share concerns and offer treatment options. Some families bring in a counselor or interventionist to guide the discussion.

Prepare ahead of time. Decide who will speak, what each person will say, and which facts you will share. Have one treatment option ready to discuss, including how it would start. Decide in advance what each family member will do if your loved one refuses.

Avoid surprise confrontations and ultimatums you can’t follow through on. A threat you won’t carry out can weaken trust and make the next conversation harder.

For more detail on preparing, read our family intervention guide.

Reducing Immediate Risk: Overdose and Safety

If someone is in a medical emergency, call 911 right away and stay with them until help arrives. Follow the instructions of the dispatcher. Emergency responders and medical providers handle medical emergencies. A court filing does not replace emergency care.

Florida law also addresses emergencies in the court process. Under Fla. Stat. § 397.68141, an emergency petition must describe the exigent circumstances and may request an ex parte assessment and stabilization order.

Under Fla. Stat. § 397.6818, the court may rely on the petition and, without appointing an attorney, enter an ex parte order. The statute leaves that step to the court’s discretion.

If someone is in immediate danger, read our immediate danger guide for more detail.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Understanding Treatment Options and the Marchman Act

Treatment can take several forms, including outpatient counseling, residential programs, and medication-assisted treatment. A qualified provider’s assessment helps show which option fits a particular person.

Under Fla. Stat. § 397.675, involuntary admission depends on several findings listed in the statute, including impairment, and other requirements may also apply; the court decides based on the evidence. The statute lists further findings, so other requirements may apply, and the court decides.

For an adult, Fla. Stat. § 397.68112 lists who may file a petition. That includes a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge tied to the impairment and to his or her prior course of assessment and treatment, as the statute provides. Other requirements may apply, and the court decides.

Among the items the statute requires in a petition are the respondent’s name, the petitioner’s name, their relationship, and the facts supporting the need for services; other requirements also apply (Fla. Stat. § 397.68141). Under Fla. Stat. § 397.681, the petition is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee. The respondent has a right to counsel at every stage.

As Fla. Stat. § 397.68151 provides, the court shall schedule the hearing within 10 court working days unless a continuance is granted, and actual timing depends on the court’s schedule and discretion. Actual timing depends on the court’s schedule. At the hearing, the court may consider relevant evidence, which could include testimony from family members who know the person’s history, depending on the parties and the court’s discretion.

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days (Fla. Stat. § 397.697).

For background, read our Marchman Act overview and background check guide.

Caring for Yourself While You Help

Helping someone who uses drugs can wear you down. Sleep, regular meals, and time away from the situation matter for your own health. Try to protect those basics, even on hard days.

Choose one person you trust to talk with. A counselor, a faith leader, or a close friend can help you carry the load. Don’t try to manage every decision alone.

Gather basic information now. Keep your loved one’s medical history, current medications, prior treatment records, and any earlier court papers in one folder. This can help a doctor, counselor, or lawyer later.

Common Questions

How do I help a drug addict family member without making things worse?

Stay calm, talk when they are sober, and stop covering for their drug use.

Can a family member file a Marchman Act petition in Florida?

For an adult, Fla. Stat. § 397.68112 lists relatives and others who may file. Other requirements may apply, and the court decides.

Does my loved one have a right to a lawyer?

Yes, a respondent has a right to counsel at every stage, under Fla. Stat. § 397.681.

Is a family intervention the same as a Marchman Act petition?

No. An intervention is a planned family conversation. A petition is a court filing that a judge decides.

If you’re weighing whether a Marchman Act petition could fit your situation, Richard J. Casey III, Esq. of Robinson Casey can help you understand how the process works in Florida. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The first consultation is free, confidential, and without obligation. Call (561) 849-4149 or request a consultation.

The information on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Results in prior cases do not guarantee similar outcomes in future matters. Please consult a licensed Florida attorney for advice specific to your situation. Robinson Casey, 6400 Congress Ave #2050, Boca Raton, FL 33487.

Four Steps to Consider Before Taking Action

Learn Your Options

Understanding which one may fit your family's situation is the first step.

Document What You Have Seen

Write down dates, incidents, and concerns as they happen. Organized notes can help you describe the situation clearly to a lawyer and, if needed, to a court.

Set Boundaries Carefully

Staying calm and avoiding actions that shield a loved one from the results of their drug use can help you think through what comes next with a clearer mind.

Talk With a Lawyer

Every family's circumstances are different. Our office can review your situation during a free, confidential first consultation with no obligation to continue.

Why Families Start With Robinson Casey

Focused Practice

We limit our practice to Marchman Act petitions and guardianship matters, so the work we do centers on these areas of Florida law.

Responsible Attorney

Richard J. Casey III, Esq., is the lawyer responsible for this practice. Our support staff assists with scheduling, communication, and case administration.

Confidential Consultation

Your first consultation is free, confidential, and carries no obligation to continue after the meeting.

Clear Explanations

We explain the options that Florida law may provide, the steps involved, and the requirements that may apply, so you can make informed decisions.

Important: Know That Court Decisions Rest With the Judge

Florida statutes set out who may file certain petitions and what the court must consider, but other requirements may apply, and the court decides each case based on the evidence and its discretion. No attorney can promise a particular result or timeline.

Call Now — Free Consultation (561) 849-4149