Helping Families Petition for Help When a Loved One Needs Treatment

A Marchman Act attorney for family petitioners helps a relative ask a Florida court to order an assessment and, if the law’s tests are met, treatment for an adult with substance abuse impairment. The petition goes to the clerk in the county where the loved one is physically located. This guide explains who may file, what the court weighs, and how the case moves from filing to hearing, so you can see your options clearly.

What a Marchman Act Petition Is and Who It Helps

A Marchman Act petition is a court filing that asks a judge to order involuntary assessment and treatment for substance abuse impairment. It is Florida’s court process for people who cannot or will not get help on their own.

For an adult, the law allows certain people to file. These include a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past assessment and treatment (Fla. Stat. § 397.68112).

A second element then turns on one of these: the person needs services and their judgment is so impaired that they cannot appreciate that need or make a rational decision about it (mere refusal of services is not evidence of this); a real and present threat of substantial harm from neglect or refusal of self-care, where it is not apparent that the harm can be avoided with help from willing, able, and responsible family members or friends or through other services; or a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or, unless admitted, is likely to inflict physical harm on himself, herself, or another (§ 397.675).

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 point matters. A family’s case needs concrete facts, such as dates, incidents, and prior attempts at care.

This process often fits families facing repeated danger. Examples include a parent watching an adult child overdose again, or a spouse who keeps finding pills hidden around the house.

What a Marchman Act Attorney Handles for the Petitioner

A Marchman Act attorney for the petitioner reviews the facts, drafts the petition, and prepares the case for hearing. Typical work includes:

• Building a timeline of incidents, prior treatment, and any recent assessment.
• Checking the petition against the statute. It must name the respondent and the petitioner, state their relationship, and give factual reasons for the petition (§ 397.68141).
• If the respondent was not assessed before the petition was filed or refused to submit to an evaluation, the lack of assessment or refusal must be noted in the petition (Fla. Stat. § 397.68141). The petition must say so (§ 397.68141).
• Filing in the correct county and tracking service and scheduling.
• Preparing the petitioner and witnesses to testify.

Preparation matters because the petition’s factual allegations must demonstrate the need for involuntary services for substance abuse impairment. The Fifth District also issued a 2024 decision in this area (C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare). The trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate (C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare).

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Other legal needs may fall outside this practice.

How the Process Works, Step by Step

The case moves from filing to a hearing on a set clock, and emergency steps are possible. Here is the usual path.

1. Gather the facts. Write down dates, incidents, prior treatment, and any recent evaluation. Facts drive the petition.
2. File in the right county. The petition goes to the clerk where the loved one is located. The clerk may not charge a fee to file it (§ 397.681). In Miami-Dade, the Clerk directs adult cases to Probate Court (Miami-Dade Clerk). J.P. v. J.N. addresses a petition filed in the wrong county (J.P. v. J.N.).
3. Set the hearing and serve notice. The court decides whether the respondent has a lawyer. It schedules a hearing within 10 court working days unless a continuance is granted. Unless the chief judge authorizes private process servers, the clerk sends the summons to law enforcement within 6 hours (§ 397.68151).
4. Handle emergencies, if they arise. Under the general procedure once a petition is filed, the court must immediately decide whether the respondent has an attorney or whether appointing counsel is appropriate. A provider may hold the person for no more than 72 hours of observation, unless an exception applies (§ 397.6818). Where the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, the trial court erred in entering the ex parte order (D.H. v. K.J.R.).
5. Hold the hearing. If the respondent does not appear at the hearing for any reason, including lack of service, the court may review the petition, testimony, and evidence presented. If it reasonably believes the respondent meets the commitment criteria and a substance abuse emergency exists, it may issue or reissue an ex parte assessment and stabilization order valid for 90 days. The court must hear and review all relevant evidence, including testimony from family members who know the person’s history, and may order drug tests (§ 397.6957).
6. Follow the order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (§ 397.697). A renewal petition must be filed before that period ends (§ 397.6975). Without renewal, the person is discharged at the end (§ 397.6977).

Marchman Act or Baker Act: Which Law Applies

The Marchman Act addresses substance abuse impairment. A different Florida law handles mental health crises. Some situations involve both.

Florida’s involuntary admission standard covers a substance use disorder that exists alongside a co-occurring mental health disorder (§ 397.675). When both problems appear, the facts decide which path fits. Raise the full picture early, so the petition rests on the right facts.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters.

• Richard J. Casey III, Esq. is the lawyer responsible for this practice.
• Support staff handle scheduling and office work.
• The work centers on one statute and the court procedures that follow it. The same rules come up in matter after matter.

Questions Families Ask Before Filing

Most families ask the same few questions before they file.

Do I need a lawyer to file a petition?

A petitioner may hire a Marchman Act attorney to review the facts and prepare the petition. The respondent has a right to counsel at every stage, though the respondent may waive it if present and the court finds the waiver is knowing, intelligent, and voluntary. A respondent who desires counsel and is unable to afford private counsel has the right to court-appointed counsel, and if the court believes the respondent needs or desires counsel, the court must appoint counsel without regard to the respondent’s wishes (§ 397.681).

Will my loved one know who filed?

The petition names the petitioner and states the relationship to the respondent. The respondent receives a copy of the petition and the hearing notice (§ 397.68151).

How long does the process take?

The hearing is set within 10 court working days unless a continuance is granted. A treatment order can run up to 90 days (§ 397.697).

What if my loved one agrees to voluntary treatment?

A person who no longer meets the involuntary criteria and consents to voluntary status may be released early (§ 397.6971).

Can I file from another county?

A petition belongs in the county where the loved one is physically located when it is filed. In J.P. v. J.N., the question was whether filing in the wrong county divested the Putnam County circuit court of jurisdiction; the court held that it did not (J.P. v. J.N.).

Take the Next Step With Robinson Casey

If someone you love is using substances in ways that put them in danger, you may be weighing court action while the situation keeps moving. That is a hard place to stand, and you do not have to decide alone.

Robinson Casey offers a free first consultation. It is confidential and comes with no obligation to continue. Call (561) 849-4149 or request a consultation at https://robinsoncasey.com/contact/ to talk through your facts and options.