
Marchman Act & Guardianship | Miami-Dade and South Florida
When a Loved One Refuses Help, You Don't Have to Face It Alone
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Richard J. Casey III, Esq. is responsible for this page.
By Richard J. Casey III, Esq. · Published October 25, 2026
When a loved one refuses help, you still have steps you can take. Focus on what you control: your own footing, calm and specific talk, clear limits, and a planned conversation about treatment. If the situation becomes dangerous, Florida’s Marchman Act gives families a court route. This guide explains both paths for families in Miami-Dade County and across South Florida.
Watching someone you love refuse help is exhausting. You may feel stuck, or feel that fixing the problem is your job. It isn’t. Your job is to protect yourself, speak clearly, and understand what the law allows.
Why Someone With Addiction Refuses Help
Most people who refuse help do not see their problem the way their family does. Denial is common, and it is often not a deliberate choice.
Fear keeps many people from saying yes. Some dread withdrawal. Others fear losing friends, a job, or a place to live. Shame adds to it, because admitting a problem can feel like admitting failure.
Florida law also recognizes that refusal alone is not the whole story. Under Fla. Stat. § 397.675, mere refusal to receive services does not by itself show a lack of judgment about the need for help. 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.” That detail matters if a court ever reviews the facts.
Refusal is not a final verdict. A “no” today does not decide whether your loved one can change later.
If your loved one keeps refusing help and you are weighing a court petition, our team at Robinson Casey can talk through your options with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Take Care of Your Own Footing First
Protect your own health, time, and money first. You cannot control another adult’s choices.
Learn addiction as a health condition. That helps you respond to symptoms instead of personal insults. You did not cause the addiction, and you cannot control how it unfolds. Many families carry guilt that does not belong to them.
Set a realistic limit. Decide how much time, money, and emotional energy you can give without harming your health or your household. Keep up your sleep, your work, and your other relationships. Talk with people you trust.
Family involvement matters. A PMC review of family effects notes that substance use disorders affect family members. It also notes that family and social supports can help address related problems and support recovery.
Talk Without Ultimatums, Guilt, or Blame
Use calm, specific words at a quiet time. Avoid fights and crisis moments, when everyone is already reacting.
Describe what you saw and how it affected you. For example, say, “You missed two family dinners this month, and I was worried.” That works better than, “You’re a liar and an addict.” Labels make people defensive.
Avoid guilt and threats you won’t carry out. Empty threats teach that pressure can be waited out. Guilt tends to harden refusal.
CRAFT family training is one structured approach. According to Partnership to End Addiction, it can help family members communicate positively with a loved one who refuses treatment. It can also help them reinforce sober behavior, set boundaries, and encourage treatment.
Make clear that your support for treatment stays open. Be honest that the final decision belongs to them.
Stop Enabling and Follow Through on Consequences
Enabling means shielding a person from the results of their substance use. Stopping it means setting limits you will enforce.
Common examples include paying debts caused by use, covering for missed work, lending cash likely to be spent on drugs or alcohol, and making excuses to others.
Decide your consequences in advance. You might decline to host them while they are impaired. You might stop handing over cash. State the limit once, plainly. Then follow through every time.
Inconsistent consequences teach that pushing harder will eventually work. Consistency is hard, but it is the point.
Stopping enabling is a boundary for your household. It is not abandonment. You can keep the door open to treatment while you hold the line.
Consider a Planned Intervention
A planned intervention is a structured meeting. Family members share specific facts and a treatment proposal with the person.
Plan it carefully. Agree on the facts you will share, the goal, who will speak, and what happens if the person says no. Practice short statements so the meeting stays focused.
Keep the tone respectful. A surprise ambush often increases defensiveness. Some families arrange interventions with a treatment professional, which can add structure to the meeting.
An intervention does not ensure acceptance. Plan your next step before the meeting starts. That step might be a doctor’s visit, a treatment referral, or a legal option if the danger is serious.

Address Medical Risks Right Away
Physical danger comes before any family talk or legal step. If someone is unresponsive, struggling to breathe, or in immediate danger, call 911 right away.
Ask a doctor to assess physical risks before anyone tries to stop use suddenly. Learn the warning signs of overdose, especially when more than one substance is involved. Ask a pharmacist or physician whether naloxone, a medicine used to reverse opioid overdoses, is available near you.
A doctor’s visit can sometimes open a treatment conversation. For many families, that feels less threatening than a confrontation at home. Keep emergency numbers where everyone in the household can find them.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Will a Drug Addict Ever Change?
Change is possible for some people. No one can predict it for a specific person, and no one can promise a timeline.
Recovery often moves in stages, and setbacks are part of many people’s paths. Readiness can shift over time, even after a refusal. Keeping the door open for treatment is part of that process.
Families often find that steady, non-punitive support, paired with clear limits, gives a person a structure to consider change. That structure does not control the outcome. It gives your loved one a clearer picture of what happens next. A refusal today does not end the story.
What Florida’s Marchman Act Allows When Treatment Is Refused
The Marchman Act lets certain adults ask a Florida court to order an assessment. If the legal criteria are met, the court can order a period of involuntary treatment.
The criteria. A court looks for a good faith reason to believe the person is substance abuse impaired. It also looks for loss of self-control about substance use. Under Florida law, a person may be involuntarily admitted for substance abuse treatment only if there is good faith reason to believe they are substance abuse impaired or have a substance use disorder with a co-occurring mental health disorder, and because of that condition they have lost the power of self-control with respect to substance use. They must also either be in need of services and be incapable of appreciating that need and making a rational decision about it, or, without care or treatment, be likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm, and 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 be substantially likely to inflict physical harm on themselves or another.
For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment may file (§ 397.68112).
Where to file and cost. The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee for it (§ 397.681).
What happens next. The court must schedule a hearing within 10 court working days, unless a continuance is granted (§ 397.68151). The assessment must occur within 72 hours after arrival at a licensed provider (for a minor, the assessment must be initiated within 12 hours of admission), unless withdrawal or a medical need extends observation until the issue is resolved but no later than the scheduled hearing date, absent a court-approved extension (§ 397.6957). If the conditions are proved by clear and convincing evidence, the court may order treatment for up to 90 days, and a renewal may be requested before the 90 days end if the conditions are expected to continue (§ 397.697).
Emergencies. When emergency circumstances exist, a court may enter an assessment order without first appointing an attorney (§ 397.6818).
Burden and case law. The petitioner carries the burden of proof. The Fourth District disagreed on a related point and certified conflict in J.J.J. v. D.G..
The respondent has the right to counsel at every stage of a judicial proceeding on the petition, though the respondent may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary (§ 397.681). Outcomes depend on the evidence and the court’s findings. No result can be promised in advance.
Next Steps If Your Loved One Still Refuses
Start by writing down specific facts. Then talk with a lawyer about whether a petition fits your situation.
Record dates and specific incidents. Note health or safety concerns, and any past treatment attempts. A petition must state the names of the respondent and petitioner, their relationship, the name of the respondent’s attorney if known, and the factual allegations showing why the petitioner believes the person is substance abuse impaired, has lost the power of self-control, and has inflicted or is likely to inflict physical harm, or refuses care because impaired judgment prevents a rational decision (§ 397.68141). Clear details help a lawyer assess your situation.
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is responsible for this page. Some matters may need to be referred to another lawyer or firm, and we will tell you if that applies.
Common Questions
Can a family member start a Marchman Act case in Florida?
Yes, certain adults can file, including a spouse, a legal guardian, a relative, or an adult with direct personal knowledge.
Why do people refuse help?
Denial, fear, and shame are common reasons. Each can keep a person from saying yes even when they are struggling.
If your loved one keeps refusing help and you are weighing a court petition, talk with us. Our first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or request a consultation.
How Robinson Casey Can Help Your Family
Focused Practice
Robinson Casey focuses on Marchman Act petitions and guardianship matters, so your family's case is handled within a defined area of Florida law.
Marchman Act Petitions
We help families understand the petition process for involuntary assessment and treatment of substance use disorders under Florida law.
Guardianship Matters
From emergency temporary guardianship to plenary, limited and mental health guardianship, we work through each option with the family.
Compassionate Guidance
We understand that denial, fear and shame can keep a loved one from accepting help, and we approach every family with patience and respect.
Do Not Wait Through a Crisis
If your loved one is in immediate danger, or has threatened to harm themselves or others, call 911 right away. For legal questions about the Marchman Act or guardianship, contact our office as early as you can.
Common Questions Families Bring to Us
Understanding the Marchman Act
Learn how a Marchman Act petition works, who may bring one, and what happens after it is filed.
Choosing a Guardianship Path
Emergency temporary, plenary, limited and mental health guardianships each serve different needs. We explain the differences in plain language.
Involuntary Commitment for Addiction
Find out how involuntary commitment for addiction fits into the broader options available to your family.
Preparing for a Consultation
Gather your loved one's history, recent events and any court papers so we can make the most of your first conversation.
