When a Family Member Refuses Treatment, You Don't Have to Figure Out the Court Process Alone

Your Loved One Refuses Treatment: What Florida Law Can and Cannot Do

A family member can ask a Florida court for help even when the person says no to treatment. Under Fla. Stat. § 744.3201, a petition to determine incapacity of a person may be executed by an adult person.

Watching someone you love use more, lose ground, and reject every offer of help is exhausting. Most families reach this point after they have already tried talking it through. Refusal can feel like a dead end. Florida law gives families court-based options, though.

This page covers the main routes: a Marchman Act petition, an emergency order, and guardianship options. It also explains what a judge must find. For a simpler overview, read our Marchman Act guide for families. No lawyer can promise how a judge will rule. Each case turns on its own facts and evidence.

Can a Family Member Force Someone Into Rehab in Florida?

A family member cannot force treatment on their own. Florida builds the process around a court petition and a court order.

The law says who may file. For an adult, a petition can come from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse and prior treatment (Florida petition filing rules).

The judge decides, not the family. Before ordering treatment, the court must find the conditions proved by clear and convincing evidence. A treatment order can last up to 90 days (court treatment order rules).

Involuntary commitment for addiction is a court process. It includes notice to the person, a hearing, and findings. Skipping those steps can create safety risks for your loved one and your family.

Does Your Loved One Qualify? Marchman Act vs. Baker Act

Your loved one may qualify if a judge has good faith reason to believe they are impaired by substance use and have lost self-control because of it. The judge must also find either impaired judgment or a serious risk of harm (§ 397.675 criteria).

Refusal alone is not enough. The statute says that “mere refusal to receive such services does not constitute evidence of lack of judgment.” Your petition needs specific facts.

The facts that matter most include:

• Dated incidents that show harm to the person or to others
• Medical, emergency, or police records
• Witnesses who saw the behavior first-hand
• Any prior treatment offers and the person’s responses

A petition must state the facts behind your belief. If a qualified professional examined the person within 30 days before filing, that report can be attached (§ 397.68141 petition contents).

The Marchman Act covers substance use. The Baker Act, Chapter 394, covers mental health. Some people have both, and the Marchman Act covers a substance use disorder with a co-occurring mental health disorder. Choosing the right petition matters.

How the Process Works: From First Crisis to Court Review

The process starts with a petition filed with the clerk in the county where the person is located. The court then sets a hearing within 10 court working days, unless a continuance is granted (§ 397.68151 court duties).

Here is the typical path:

1. Gather facts first. Write down names, dates, behavior, living situation, and past treatment attempts.
2. File in the right county. Filing where the person is located is required (§ 397.681 jurisdiction). A wrong-county filing is a venue problem, not a loss of jurisdiction (J.P. v. J.N.).
3. Emergency orders. If emergency circumstances exist, a judge can enter an ex parte order for assessment without first appointing an attorney. A provider generally cannot hold the person for more than 72 hours of observation, unless an exception applies (§ 397.6818).
4. Assessment. The person cannot be ordered into treatment without a clinical assessment. Only a present, express waiver changes that (§ 397.6957).
5. Hearing. The person has the right to a lawyer at every stage. The court may appoint one if they cannot pay (§ 397.681 right to counsel). The judge hears family testimony and the assessment.
6. Order. If the judge finds the criteria met, the order can require treatment and the court keeps monitoring compliance. A judge may also order law enforcement transport to a treatment facility (Lake County Clerk of Court).

Appellate courts disagree on one point. In the Fifth District, a judge may not call the assessing professional to fill the gap when the petitioner is absent (C.W.R.K. v. Stewart Marchman Act). The Fourth District reached a different result, so this is not settled statewide.

Timing depends on the court’s calendar and the facts of each case. Urgent situations may move faster.

Guardianship Options When a Loved One Cannot Make Safe Decisions

Guardianship is the court route when a person cannot manage their own safety or property. Emergency temporary guardianship moves fast. Limited, plenary, and mental health guardianship set longer-term authority.

• Emergency temporary guardianship. A court may appoint this guardian when there is imminent danger to health or safety, or property is at risk, and immediate action is needed (§ 744.3031). The person gets appointed counsel. The authority ends 90 days after appointment, or when a guardian is appointed, whichever comes first.
• Limited guardianship. The court gives the guardian only the powers it lists. The person keeps the rights the court does not remove.
• The person still keeps core rights, such as counsel, annual review, and protection from abuse (§ 744.3215 rights).
• A guardian cannot commit the ward to a facility without specific court authority.

What Families Can Do Now While They Decide on Next Steps

Start a written record today. Keep your focus on safety. These steps help under any route.

• Keep a dated log. Note the date, place, what happened, and who saw it.
• Record treatment offers. Write down each offer and the person’s response.
• Save documents. Keep messages, medical bills, and emergency or police reports together.
• Put safety first. Step away from confrontations that could turn dangerous. If someone is in immediate danger, contact emergency services.
• Think about money access. If a guardianship question seems likely, consider limiting cash and account access that could fund substance use.
• Use family communication tools. CRAFT strategies can help families communicate positively, reinforce sober behavior, set boundaries, and care for themselves while encouraging treatment (Partnership to End Addiction).

Why Families Bring These Cases to Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. It serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer, supported by the practice’s assistants and office staff.

The matters the practice handles include:

• Marchman Act attorney work and involuntary commitment for addiction
• Guardianship attorney work
• Emergency temporary guardianship
• Plenary, limited, and mental health guardianship

In the first conversation, the team reviews your family’s facts. It explains which legal routes may apply and which documents would help. The team will tell you which routes fit the facts. You decide whether to go forward.

Frequently Asked Questions About Getting a Loved One Into Treatment

Talk Through Your Family’s Situation With Robinson Casey

When someone you love will not accept help, and you don’t know which legal step fits, the uncertainty is hard to carry. You can talk through the facts before deciding anything. Call (561) 849-4149 or request a consultation with our team.