A judge reviews petition documents at a bench while counsel and the petitioner sit in a Florida courtroom.

Marchman Act Attorney | Miami-Dade and South Florida

Talk With a Marchman Act Lawyer About Your Family's Next Step

Richard J. Casey III, Esq. and the Robinson Casey team focus on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Your first consultation is free, confidential, and carries no obligation to continue.

By Richard J. Casey III, Esq. · Published October 21, 2026

What a Marchman Act Lawyer Consultation Is and Who It Is For

A Marchman Act lawyer consultation is a first conversation about whether a court petition could help your family get an adult loved one into assessment and treatment for substance abuse. The Marchman Act is Florida’s process for this, found in Chapter 397 of the Florida Statutes. Under Fla. Stat. § 397.68112, a petition for an adult may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior care.

That makes the consultation a good fit for parents, adult children, spouses, and other relatives. It also fits families who aren’t yet sure a petition is the right move. The talk happens before anything is filed and before any response is due. You bring the facts, and the attorney explains how the law applies to them.

The Marchman Act works across Florida. Where a petition is filed depends on the county where the person is located, and the consultation can address that. Robinson Casey serves families across South Florida, including Miami-Dade, and across the state.

If your loved one's drug or alcohol use has pushed your family toward a Marchman Act petition, you don't have to work out the next step alone. Call (561) 849-4149 to set up your first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

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What the Consultation Covers

The consultation covers whether your situation fits the Marchman Act process and what that process involves in plain terms. Here is what the first conversation usually touches:

  • Whether the facts fit the statute. Under Fla. Stat. § 397.675, a person may meet involuntary admission criteria when there is 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 and, because of that impairment or disorder, has lost the power of self-control with respect to substance abuse. The law then adds a test based on judgment or on risk of harm.
  • Voluntary versus involuntary care. A person who wants treatment can apply for voluntary admission under Fla. Stat. § 397.601. A court-ordered path is different and carries its own steps.
  • What a petition must say. Under Fla. Stat. § 397.68141, a petition must name the respondent and the petitioner, state their relationship, name the respondent’s attorney if known, and lay out the factual allegations that support the need for involuntary services.
  • A petition already served. The respondent has the right to counsel at every stage of a judicial proceeding under Fla. Stat. § 397.681, though the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The consultation can review the basic timing questions with you.
  • Guardianship questions. If the concern is an adult’s safety or property, guardianship may come up. Emergency temporary guardianship is addressed only where the facts call for it.

How to Prepare for the Call or Meeting

Bring a clear timeline, any papers you already have, and a short list of questions. Preparation lets the attorney use your time on the facts that matter most.

  • Build a timeline. Note the substance use concerns, any overdoses or emergencies, prior treatment attempts, and any refusals of help. Dates matter more than long stories.
  • Gather papers. Bring court papers, any petition or notice, treatment or hospital records, and police reports if they exist.
  • List the people involved. Include the person struggling, household members, and anyone who has offered support or raised concerns.
  • Write down deadlines. Note any date already mentioned by a court, clinic, or family member.

Specific examples help because a petition must state why the petitioner believes the person is impaired and at risk. A petition may also come with a report from a qualified professional who examined the person within 30 days before filing, under Fla. Stat. § 397.68141.

How the Process Works, Step by Step

Your first step is one conversation, and it does not commit you to anything. The steps below show how a matter can move from that talk to a court hearing.

  1. Start the conversation. You reach out to the firm and describe your situation in a first consultation.
  2. Review the facts. The attorney reviews the basic facts with you and explains the options that fit your situation.
  3. Plan the paperwork. If you choose to move forward, the firm explains which documents are needed and what the next filing or response steps look like.
  4. Expect a quick hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151.
  5. Check the order’s length. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days, under Fla. Stat. § 397.697.
  6. Decide what comes next. You choose whether to continue. The first consultation carries no obligation to hire the firm.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. That focus means the firm’s work centers on these two areas rather than a broad mix of cases.

  • Scope of work. The firm handles Marchman Act petitions, involuntary commitment for addiction, guardianship, emergency temporary guardianship, plenary and limited guardianship, and mental health guardianship.
  • Service area. The firm serves families across South Florida, including Miami-Dade, and across the state.
  • Responsible lawyer. Richard J. Casey III, Esq., is responsible for this page. Our attorneys and support staff handle intake, scheduling, and document organization.
  • Venue point.
  • Right to counsel.

Common Questions About the Marchman Act Consultation

Is the first consultation free?

Yes. The first consultation is free, confidential, and carries no obligation to continue.

Do I have to decide to file before I call?

No. Many families call to learn their options before they decide anything.

Can a family outside Miami-Dade get help?

Yes. Robinson Casey serves families statewide.

Does a person’s refusal of treatment settle the matter?

No. Under Fla. Stat. § 397.675, mere refusal to receive services is not evidence of lack of judgment with respect to the person’s need for such services. 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.”

Is there a filing fee for a petition?

The clerk may not charge a fee for filing the petition, under Fla. Stat. § 397.681.

Do I need documents to schedule?

No. Documents help the attorney review facts, but a call is enough to start.

Not sure what your next step is?

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

Judge signing documents at a desk, with a gavel in focus behind them.

Talk to Robinson Casey About Your Family’s Situation

If your family is weighing a Marchman Act petition for a loved one’s substance use, or has just been served with one, you don’t have to figure out the next step alone. Call (561) 849-4149 or use the contact form to set up your first consultation with Robinson Casey.

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.

Why Families Contact Robinson Casey

Focused Practice

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, so our attorneys concentrate on these cases for families across South Florida and statewide.

Plain-Language Guidance

We explain each option and each step in clear terms, so you know what to expect before you decide anything.

A Compassionate Approach

Families come to us during stressful and frightening times. We listen carefully and treat your situation with care.

Support From Our Team

Our team, including our support staff, helps coordinate calls, documents, and scheduling so your matter moves forward smoothly.

Direct Phone Access

Call (561) 849-4149 to ask questions or schedule your free, confidential consultation.

If Someone Is in Immediate Danger

If a loved one's safety is at immediate risk, call 911 first. Then contact our office to discuss the legal options available to your family.

Matters We Handle

Marchman Act and Involuntary Commitment for Addiction

We assist families with Marchman Act attorney services, including petitions for involuntary assessment and treatment for substance use disorders in Florida.

Guardianship: Plenary and Limited

We help families understand plenary guardianship and limited guardianship, and we explain how each option affects an incapacitated person's decision-making.

Emergency Temporary Guardianship

When a loved one needs protection quickly, we discuss emergency temporary guardianship and what the court process involves.

Mental Health Guardianship

We represent families in mental health guardianship matters, from initial questions through the court process.

Call (561) 849-4149 to Schedule Your Free, Confidential Consultation

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