Helping Your Aging Parent Get the Protection They Need

Florida’s Marchman Act lets a family ask a court to order treatment for an adult who has lost control over alcohol, prescription drugs, or illegal drugs and will not get help on their own. The adult rules apply to any adult, so a parent’s age does not remove this option. This guide explains how the process works for an older parent, what your family contributes, and what to expect.

What the Marchman Act covers for an older adult

The Marchman Act is Florida’s court route for involuntary treatment of an adult whose substance use causes serious harm. Under Florida’s involuntary admission criteria, a court looks for a good-faith reason to believe the person is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder), has lost the power of self-control over that use, and either needs services but has judgment so impaired that they cannot appreciate that need or make a rational decision about it, or, without care, faces a real and present threat of substantial harm from neglect that willing, able, and responsible family members or friends or other services cannot apparently prevent, or has inflicted, threatened or attempted to inflict, or is likely to inflict physical harm on themselves or others.

The goal is services in the least restrictive setting that still protects people’s rights, as stated in Chapter 397’s purpose section.

Section 397.305 states the Legislature’s intent to provide an alternative to criminal imprisonment for substance abuse impaired adults and juvenile offenders; it does not set separate petition rules for adult and minor respondents. Florida’s petition rules for adults apply to an older parent who is an adult.

Robinson Casey focuses on Marchman Act petitions and guardianship matters.

Signs that may point toward a petition for a parent

A petition may make sense when a parent’s substance use causes serious harm and the parent refuses help. Families often describe a pattern rather than one event.

• Repeated falls, injuries, or emergency visits tied to drinking or drug use
• Medications taken in the wrong amounts, skipped, or mixed with alcohol
• Confusion, memory lapses, or unsafe driving
• Unpaid bills, missed appointments, or an unsafe home
• Pulling away from family and daily routines

Under § 397.675, a parent’s refusal of services does not by itself show lack of judgment with respect to his or her 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.”

Who can file and what the family contributes

For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the parent’s substance abuse impairment and prior course of assessment and treatment can file. Florida’s petition rules list these filers. The petition must also state the relationship between the petitioner and the parent, as set out in § 397.68141.

Most families gather:

• A dated timeline of incidents, with who saw each one
• Names of witnesses, such as neighbors, caregivers, or others who saw the behavior
• Medication lists and pharmacy information the family already has
• Photos or messages that show the behavior
• A record of past offers of help and how the parent responded

The petition must name the parent and the petitioner, state your relationship, give the name of the parent’s attorney if known, and set out the factual allegations showing the need for services. Under § 92.525, a signer declares under penalties of perjury that the facts are true. Fla. Stat. § 92.525 reads: “(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added.” A person who knowingly makes a false declaration commits a third-degree felony. Report what you saw, and keep it separate from what you assume.

How the process moves, step by step

Then it moves to notice, assessment, and a hearing.

1. Consultation and fact review. Bring your timeline, medication list, and any records. Counsel checks whether the facts fit the statute.
2. Filing. Under § 397.681, the petition goes to the clerk in the county where the parent is located, and the clerk may not charge a filing fee.
3. Emergency orders, if needed. When an emergency exists, the court may enter an ex parte order for assessment and stabilization based on the petition, as described in § 397.6818. A provider generally may not hold the parent for more than 72 hours of observation unless an exception applies.
4. Under § 397.68151, the court must schedule the hearing within 10 court working days unless a continuance is granted.
5. Hearing and order. If the court finds the conditions proven by clear and convincing evidence, it may order treatment for up to 90 days, under § 397.697.

The exact timing depends on the facts and the county’s court calendar. Counsel explains each step as it applies to your family.

Why medical conditions shape the clinical assessment

The clinical assessment must include a treatment recommendation and note any co-occurring mental health or other treatment needs. Section 397.6957 requires both.

The statute also recognizes that withdrawal or a medical condition can require more time. Observation may extend until that issue is resolved, but no later than the scheduled hearing date absent a court-approved extension.

A complete medication list helps. Include every prescription, over-the-counter product, and supplement the parent takes. A list that leaves out prescriptions gives the assessor an incomplete picture. Bring the list to your first meeting with counsel.

The hearing, cost of starting, and why families choose Robinson Casey

At the hearing, the parent generally must attend unless the court excuses attendance. The court reviews all relevant evidence, including testimony from family members about the parent’s history. Witnesses may testify remotely under oath, per § 397.6957.

The petitioner carries the burden of proof. In J.C. v. State, the Fifth District held that a judge who questions the only witness when the petitioner is absent has taken on the petitioner’s role. A Fourth District decision in J.J.J. v. D.G. reached a different result, so this rule is Fifth District law, not settled statewide.

Under § 397.681, a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment, and the respondent may waive that right only if the respondent is present and the court finds the waiver is made knowingly, intelligently, and voluntarily.

Robinson Casey offers a free first consultation, which is confidential and carries no obligation to continue. (Spanish: consulta inicial gratuita, confidencial y sin compromiso.) Clerks may not charge a filing fee for the petition. Service fees can apply. The court may prohibit them, or a law enforcement agency may waive them, if a petitioner is determined to be indigent, as § 397.68112 provides.

Richard J. Casey III, Esq. is responsible for this page. The practice has support staff who help families organize records and keep the process moving. Robinson Casey also handles guardianship matters and involuntary commitment for addiction. If a related matter is referred to another lawyer or firm, we will tell you.

Questions families ask before filing

Most families ask about age, consent, testimony, and counsel. The short answers are below.

If your parent’s drinking, pill use, or drug use is putting their health or safety at risk and they refuse help, call (561) 849-4149 or contact Robinson Casey to review the facts and options under the Marchman Act.