Marchman Act Guidance for Families Living Outside Florida

This page explains what a Marchman Act attorney for out-of-state family members can help with in Florida. A relative who lives far away may be able to file a petition, but the petition goes to a Florida court, and the court decides what happens next. Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters.

Who This Page Is For and What the Marchman Act Covers

The Marchman Act is Florida’s civil process for asking a court to order assessment and treatment for substance abuse impairment. Florida courts hear these petitions under the Marchman Act.

This page is for adult children and other relatives who live outside Florida and worry about a parent or family member there. You may see impaired judgment, unsafe choices, or a loved one who refuses help. The statute addresses those situations, but the court decides whether the criteria are met.

Florida’s criteria focus on a few questions. Fla. Stat. § 397.675 requires a good faith reason to believe the person is substance abuse impaired and has lost power of self-control over substance use. The statute then requires either impaired judgment about the need for services or a real risk of neglect or harm. Other requirements may apply.

A county clerk’s Highlands County clerk’s overview describes these findings in plain terms.

Keep two questions apart. A Marchman Act case asks whether a person meets the statute’s criteria for court-ordered treatment. A guardianship case asks whether someone needs a court-appointed decision-maker. The two raise different issues, and one does not replace the other.

What a Marchman Act Attorney Handles for Out-of-State Families

A Marchman Act attorney reviews your family’s facts, helps decide whether a petition is an option, and helps prepare and file one where appropriate. If the firm is engaged, it can also represent the petitioner at the hearing.

The statute sets content requirements. A petition must name the respondent and the petitioner, state their relationship, name the respondent’s attorney if known, and set out the facts.

Those facts include why you believe your relative is impaired and has lost self-control over substance use. They also include why you believe the person may harm themselves or others, or cannot appreciate the need for care. A petition may include a report from a qualified professional who examined the respondent within 30 days before filing. If no assessment happened, the petition must say so.

Useful information to gather includes:

• Your relative’s current address, because the county where the person is located matters
• Past treatment, assessment, or hospital records you can lawfully obtain
• Names of people with direct knowledge of the impairment and prior treatment
• Dated notes about recent incidents, stated as facts you saw or heard
• Any written messages about care or refusals of care

No attorney can promise an order, a placement, or any result. The court weighs the evidence and decides, using its discretion.

Can a Family Outside Florida Start a Case, and Can an Out-of-State Lawyer Practice Here?

A relative who lives outside Florida may be able to file, but the petition belongs in the Florida county where your loved one is located. For an adult, the statute lists who may file. That includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.

The text says “any relative” and does not mention where that relative lives. Whether you qualify is for the court to decide, and other requirements may apply.

Filing location is a separate rule. The petition goes to the clerk of court in the county where the person is located, and the clerk may not charge a filing fee for it.

Richard J. Casey III, Esq., is the lawyer responsible for this page. Distance does not have to block communication. You can reach the office by phone during a matter.

How the Process Typically Unfolds

A Marchman Act matter generally moves from a consultation to a petition, a hearing, and possibly an order. Each step depends on the court’s schedule and discretion.

1. Free, confidential consultation. We review your situation and answer your questions. The first consultation is free and confidential, with no obligation to continue.
2. Fact review. We look at the facts, documents, and criteria in Florida’s statute. Whether a petition is an option is a question we answer after this review, not before.
3. Filing and scheduling. The petition goes to the clerk in the right county. The statute says the court shall decide whether the respondent has counsel, and shall schedule a hearing within 10 court working days unless a continuance is granted. Actual timing depends on the court’s schedule.
4. Emergency orders. In an emergency, the statute says a court may rely on the petition alone and enter an ex parte order for assessment and stabilization, without appointing an attorney. Whether the court does so is for the court to decide.
5. Hearing. The respondent must be present unless the court makes the findings the statute describes. Testimony is taken under oath. Witnesses may attend and testify remotely by audio-video technology, as appropriate.
6. Order and duration. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days. Under Fla. Stat. § 397.6977, discharge may occur at the conclusion of the 90-day period unless a motion for renewal of the involuntary services order has been filed with the court pursuant to s. 397.6975, and other requirements may also apply, with timing and outcome subject to the court’s discretion.

When Guardianship, Not the Marchman Act, May Be the Question

Guardianship may be the better question when a person needs a court-appointed decision-maker. The court decides which type, if any, fits.

Robinson Casey also handles guardianship matters, including these types:

• Emergency temporary guardianship: a temporary arrangement the court may consider when an urgent need exists.
• Plenary guardianship: a broader form of court-appointed authority.
• Limited guardianship: a narrower form, with the court setting its limits.
• Mental health guardianship: a guardianship tied to a mental health condition.

These are general descriptions. Requirements and findings for each type come from Florida guardianship law, which this page does not summarize. Substance use and mental health can overlap, so a family may face both questions. Some families start with one question and find the other fits better once the facts are reviewed.

Why Work With Robinson Casey From Out of State

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. That is a statement about what the practice does, not a measure of quality or results.

• The responsible lawyer is Richard J. Casey III, Esq.
• The team includes assistants and office staff who support his work.
• Distance can be a practical challenge for families who live outside Florida. Phone contact lets you stay involved without travel. We make no claim about faster action.
• Referrals: If a matter may be referred to another lawyer or firm, we will tell you that.
• Fees: The first consultation is free, confidential, and carries no obligation to continue.
• No promises: No one can promise a result, at the consultation or afterward.

Common Questions From Out-of-State Adult Children

The questions below cover who can file, where, and what the court considers.