Marchman Act Guidance From Richard J. Casey III, Esq.

The practice limits its work to these areas. This page explains who is responsible for a matter, how the Florida Marchman Act works at a high level, and what a first conversation involves.

If you’re reading this for a family member, you may be trying to understand a law you never expected to need. This page gives plain-language background, not legal advice. Every case depends on its own facts, and the court makes the decision.

Who Is Responsible for Your Case

Richard J. Casey III, Esq. is the responsible lawyer for Marchman Act and guardianship matters handled by Robinson & Casey. That is the lawyer you would work with on your matter.

The practice also has support staff, including assistants and office staff. When this page says “our team,” it means the practice and its staff. It does not describe a group of lawyers, a partnership or associates.

Knowing who holds your matter matters. Ask who will answer your questions and who will explain each step. Get clear answers before you share private family details. Before you decide anything, you should understand the process and the role the lawyer plays in it.

What the Florida Practice Focuses On

Robinson & Casey limits its practice to Marchman Act petitions and Florida guardianship matters. The practice covers these matter types:

• Marchman Act attorney work, including petitions for involuntary treatment for substance abuse impairment
• Involuntary commitment for addiction
• Emergency temporary guardianship
• Plenary guardianship
• Limited guardianship
• Mental health guardianship

Section 744.331 of the Florida Statutes addresses notice of a petition to determine incapacity and the appointment of an attorney for the alleged incapacitated person. Under Fla. Stat. § 744.331, notice of a petition to determine incapacity must be served on the alleged incapacitated person and given to that person’s attorney. Section 744.331, Florida Statutes, addresses the appointment of an examining committee in incapacity proceedings, and other requirements also apply. One member must be a psychiatrist or other physician. The court’s schedule and discretion still shape how each case moves.

How the Marchman Act Works in Florida

The Marchman Act is Florida’s law for court-ordered treatment of a person impaired by substance abuse. Florida Marchman Act guidance Fla. Stat. § 397.681 provides that the courts have jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and that such petitions must be filed with the clerk of the court in the county where the person is located. Courts hear these petitions. Courts have jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and the court decides each case.

A petition must contain certain information. Section 397.6951, Florida Statutes, sets out required contents of a petition, including the respondent’s name, the petitioner’s name, their relationship and the facts that show the need for services; other requirements may also apply, and the court decides.

The statute also sets criteria for involuntary admission. Fla. Stat. § 397.675 sets out the criteria for involuntary admission, which include good faith reason to believe that the person has a substance abuse impairment (or a substance use disorder with a co-occurring mental health disorder) and, because of it, has lost the power of self-control with respect to substance abuse, together with the additional conditions listed in the statute; the court decides whether the criteria are met. These points do not list every requirement. Other requirements may apply, and the court decides.

About the Practice

Robinson & Casey limits its practice to Marchman Act and guardianship matters. Florida Statutes § 397.681 addresses involuntary petitions under the Marchman Act, and other requirements may also apply. The court decides these matters based on its discretion and the circumstances of each case.

That makes the county a key fact from the start. Your loved one’s location, not only your own address, is the point the statute uses for the petition.

In guardianship matters, the court handling the proceeding also plays a role, and the court decides the matter based on its discretion and the circumstances of each case. Guardianship and capacity research

Bring the county where your loved one is staying to your first conversation. It affects where a petition would go.

What Happens at the First Consultation

The first consultation with Robinson & Casey is free, confidential and carries no obligation to continue. You can ask questions and decide afterward whether to move forward.

It helps to bring some basic facts. Write down your loved one’s name, your relationship, and the concerns you have. Bring any court papers you’ve received, along with recent events and any treatment providers you know of.

If a Marchman Act case is filed, the respondent has a right to counsel at every stage. The respondent may waive that right only if present and the court finds the waiver is knowing, intelligent and voluntary.

A first conversation helps you decide what to ask next. It does not commit you to hire anyone.

How Court Discretion Shapes Possible Outcomes

Each Marchman Act matter depends on the evidence and the court’s discretion. No result can be promised.

Under Fla. Stat. § 397.697, if the court finds the conditions proved by clear and convincing evidence, the statute provides that the court may order involuntary treatment for a period not to exceed 90 days; other requirements also apply, and the court decides based on its discretion and the evidence. A request to extend the period of involuntary services is addressed by petition under Fla. Stat. § 397.6975; additional requirements apply, and whether to grant an extension is for the court to decide. Whether any order is entered is for the court to decide.

Under Fla. Stat. § 397.6957, the statute sets the petitioner’s burden of proving the statutory elements, and the court decides based on the evidence and other requirements that may apply. Those elements include substance abuse impairment and a history of lack of compliance with treatment.

Section 397.6957, Florida Statutes, addresses hearings, and timing depends on the court’s schedule and discretion. Actual timing depends on the court’s calendar and the facts of the case.

Separately, in guardianship matters, Fla. Stat. § 744.3031 provides that an emergency temporary guardian’s authority generally ends 90 days after the date of appointment or when a guardian is appointed, whichever occurs first, and any extension depends on the court’s findings and discretion. It may be extended.

Having a lawyer does not determine or improve the outcome of a case. The court decides.

Questions Families Ask Before They Decide

What is the Marchman Act?

It is Florida’s law for court-ordered treatment of a person impaired by substance abuse. Other requirements may apply.

Who can file a Marchman Act petition?

For an adult respondent, Fla. Stat. § 397.695 lists a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment; other requirements may apply, and the court decides. Other requirements may apply, and the court decides.

Does the person get a lawyer?

The statute gives the respondent a right to counsel at every stage.

Is there a filing fee with the clerk?

The clerk may not charge a fee for filing a Marchman Act petition under that section.

How is guardianship different from a Marchman Act petition?

Under Fla. Stat. § 744.3031, after a petition for determination of incapacity has been filed, a court may appoint an emergency temporary guardian for an alleged incapacitated person. The Marchman Act provisions in Fla. Stat. § 397.681 address the respondent’s right to counsel at every stage of a judicial proceeding on a petition for involuntary treatment for substance abuse impairment, subject to the statute’s waiver conditions. The two are separate processes with separate rules.

Talk With Richard J. Casey III, Esq. About Your Situation

If you’re watching a loved one’s drinking or drug use put them at risk, and you aren’t sure what the law allows, you are in a hard spot. You don’t have to sort it out alone. Call (561) 849-4149 or use the contact page to ask for a free, confidential first consultation, with no obligation to continue.