Know What a Marchman Act Case May Cost Before You Decide

Marchman Act Cost Breakdown for Florida Families

The main costs of a Marchman Act petition are attorney fees, a pre-filing evaluation, service fees, and treatment. Florida law says the clerk may not charge a fee to file the petition itself. Treatment is usually the largest cost, and insurance and ability to pay change the final bill.

This page explains each cost, what moves it up or down, and who usually pays. Robinson & Casey focuses its practice on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

What Is the Marchman Act, and Who Pays for It?

The Marchman Act is Florida’s law for court-ordered substance abuse treatment. If the person is an adult, a spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment can file a petition; if the person is a minor, a parent, legal guardian, or service provider can file (§ 397.68112). The petitioner usually pays the early costs, such as legal help, evaluation, and service. Treatment costs may then fall on the person in care, their insurance, or another payer. Knowing each cost first helps you plan.

Attorney Fees: What Legal Help Typically Costs

The range depends on case complexity and county. Costs rise with a contested hearing, more court appearances, an amended petition, or complicated medical facts. Straightforward cases with clear facts usually cost less.

The person named in the petition has the right to a lawyer at every stage, but may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily (§ 397.681). If that person wants a lawyer and cannot afford one, they have the right to court-appointed counsel. Fees are discussed with you directly, based on your county and your facts.

Court Filing and Service Costs

Filing the petition carries no clerk’s fee. Under § 397.681, the clerk “may not charge a fee for the filing of a petition.” Service works differently. Unless a circuit’s chief judge authorizes disinterested private process servers, the clerk electronically submits the summons to a law enforcement agency within 6 hours after it is issued to serve the person (§ 397.68151).

The court may prohibit, or a law enforcement agency may waive, any service of process fees if the petitioner is found indigent (§ 397.68112).

Evaluation and Treatment Costs, and Who Pays

A professional assessment is usually the first treatment-related cost. A petition may include a report from a qualified professional who examined the person within 30 days before filing. If there was no assessment, the petition must say so (§ 397.68141).

Inpatient care is the biggest variable. Longer orders mean longer bills.

Providers must disclose the full charge and the individual’s fee before admission (§ 397.431).

Insurance and Out-of-Pocket Costs

Insurance often covers part of treatment but usually does not cover legal or court costs. Private insurance may cover 50 to 100 percent of facility costs, after deductibles and copays. Public plans like Medicare and Medicaid may cover substance abuse treatment, depending on the plan.

Some insurers require approval before treatment starts, and that can delay admission. Before you file, ask the insurer what it covers and what approval it needs.

A Sample Cost Scenario

This example is illustrative, not a quote. It assumes a 30-day inpatient stay at $500 per day.

• Under Fla. Stat. § 397.681, the clerk of the court may not charge a fee for the filing of a petition for involuntary treatment for substance abuse impairment.
• Evaluation: $200 to $500
• Service fee: $50 to $150, where it applies
• Evaluation and service subtotal (excludes attorney fees): $250 to $650
• Treatment, uninsured: $15,000
• Partial estimate without insurance (excludes attorney fees): $15,250 to $15,650
• Treatment with 50% insurance coverage: $7,500 out of pocket
• Partial estimate with insurance (excludes attorney fees): $7,750 to $8,150

Your numbers will vary with county, facility, insurance, and how contested the case is.

What Happens at the Hearing and Why It Matters

The court must set a hearing within 10 court working days, unless it grants a continuance (§ 397.68151). The respondent generally must attend, and may refuse to testify (§ 397.6957).

Under Fla. Stat. § 397.681(2), a respondent has the right to counsel at every stage of a judicial proceeding on a petition for involuntary treatment for substance abuse impairment, and may waive that right only if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Uncontested hearings usually cost less. Contested cases add time for disputes and witnesses.

Frequently Asked Questions About Marchman Act Costs

Why Robinson & Casey for Your Marchman Act Costs

Robinson & Casey focuses its practice on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is responsible for this page. The firm serves families across South Florida and statewide.

Our team includes assistants and office staff. We explain each cost in plain terms, including what the law does and does not allow a clerk to charge.

Next Steps: Plan Your Costs Before You File

Start by gathering the basics:

• The person’s name and county
• Their insurance, if known
• Whether the case is likely to be contested
• Any recent evaluation or assessment

Your first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4149 and we’ll walk through the costs for your situation.