Your Loved One Refused Treatment After an Overdose. What Happens Next?

If someone you love overdosed and now refuses treatment, call 911 first. The Marchman Act lets a court order assessment and treatment for a person severely impaired by substance abuse, and a family member can start that process with a petition.

This guide explains what to do after overdose refuses treatment Florida families face, from the emergency room to the courthouse. It’s written for families in Miami-Dade and across South Florida who face this decision now. The Florida DCF Marchman Act overview describes the law as covering voluntary admission and involuntary assessment, stabilization, and treatment for adults and youth.

Call 911 First: The Immediate Steps During an Overdose

Call 911 right away when someone overdoses. Don’t wait to see whether they wake up or breathe on their own.

Tell the operator what happened, what you saw, and what you know was taken. Stay with the person until help arrives, and follow the dispatcher’s instructions.

Hospital staff may need to know what was used. Under the federal medical emergency rule, medical personnel can receive a patient’s identifying information during a bona fide medical emergency when the patient’s written consent can’t be obtained. That rule means your information can help the care team, even when the person can’t speak for themselves.

When the Person Refuses Treatment at the Hospital or After Discharge

A person who is revived can still refuse more treatment.

A refusal changes your next steps, but it doesn’t settle the question. Under § 397.675, mere refusal to receive services is not, by itself, evidence of lack of judgment with respect to the person’s need for those services. Fla. Stat. § 397.675 requires good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. Because of that impairment or disorder, the person must have lost the power of self-control with respect to substance abuse. A petition needs more facts than “they said no.”

Practical steps help right away. Ask the care team what the discharge plan is. Write down who said what and when. Keep the discharge papers and any messages where the person declined help.

How a Refusal After an Overdose Can Lead to a Marchman Act Petition

A family member can ask a Florida court for involuntary treatment if the statute’s criteria are met. Under § 397.68112, an adult’s spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of the person’s prior course of assessment and treatment may file.

The petition must name the person and the petitioner, and explain their relationship. It must also state facts showing impairment, loss of self-control, and either a risk of harm or impaired judgment about needing care. Under § 397.68141, those facts are required. Under § 397.68111, a person may be the subject of a petition for court-ordered involuntary treatment if that person reasonably appears to meet the criteria for involuntary admission provided in s. 397.675; has been placed under protective custody pursuant to s. 397.677 within the previous 10 days; has been subject to an emergency admission pursuant to s. 397.679 within the previous 10 days; or has been assessed by a qualified professional within 30 days.

In an emergency, the court may act on the petition alone. Under § 397.6818, it may enter an ex parte assessment order without first appointing an attorney. The petition must be filed in the county where the person is located, as the J.P. v. J.N. decision confirms. The court must set a hearing within 10 court working days unless it grants a continuance (§ 397.68151). For the next step, read about what happens after a petition is filed.

Documenting the Overdose and the Refusal

Start a written timeline now, while the details are fresh. Include the date and time of the overdose, the names of the responding crew and hospital, and what the person said about treatment.

List witnesses and their contact details. Save discharge papers and messages where the person declined help. If the person refused an assessment, note that too. Under § 397.68141, a petition must say so when there was no assessment or the person refused one.

At the hearing, the court hears all relevant evidence, including testimony from family members who know the person’s history (§ 397.6957). A clear timeline helps you tell that history accurately. For questions about records, see our guide to adult relatives and medical records. What matters most depends on the facts of your family’s situation.

Mistakes Families Often Make in These Situations

The most costly mistake is waiting for a court process instead of calling 911. A Marchman Act petition never replaces emergency care.

Using force or threats to move the person is another common error. It can create safety risks for everyone present, including you.

Some families rely on verbal promises that the person will enter treatment later. Get any plan in writing when you can. Families also wait until the next overdose to start gathering records, and a timeline built early is far more complete.

Finally, don’t describe a single event when there’s a pattern. Include the full history of overdoses and refusals, because the court weighs the whole picture.

Parents and Adult Children Facing Custody or Caregiving Questions

A parent’s substance use can raise custody and caregiving questions when a minor child lives at home. The court decides those questions based on the facts of each case. For that issue, see our guide on parent addiction and child custody.

If you’re an adult child, you may be able to file as a relative under § 397.68112.

Talking With Robinson Casey About a Loved One Who Refuses Treatment

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

Our first consultation is free, confidential, and comes with no obligation to continue. If your matter may be referred to another lawyer or firm, we will tell you so.

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

Yes. Under § 397.68112, an adult’s spouse, legal guardian, relative, or service provider may file, among others.

Does filing a petition cost money?

The clerk of the court may not charge a fee to file the petition, under § 397.681.

Does the person have a right to a lawyer?

Yes. Under § 397.681, the respondent has the right to counsel at every stage of the judicial proceeding, unless the respondent waives it while present and the court finds the waiver was made knowingly, intelligently, and voluntarily.

How long can a court order treatment?

Under § 397.697, a court may order involuntary treatment for up to 90 days when the conditions are proved by clear and convincing evidence, and a renewal of the order may be requested before the 90 days end if the conditions are expected to continue.

If your loved one has been revived but still refuses care, you don’t have to weigh the Marchman Act alone. Reach out to our team through our contact page or at (561) 849-4149.