Your Loved One Lives Out of State? Here's How a Florida Marchman Act Matter Can Still Move Forward

The loved one’s location, not the family member’s home, decides which Florida county receives the petition. This guide explains how that works, what the court looks for, and what to gather while you’re still far away. Robinson & Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide.

The Short Answer for Families Living Outside Florida

A family member outside Florida can start a Marchman Act case, and the loved one’s location decides the county. The Marchman Act is Florida law. The Florida DCF Marchman Act overview provides general information about the law.

Two questions get mixed together. The first is where the family member who files lives. The second is where the loved one is when the petition is filed.

Picture a daughter in Georgia who gets a late-night call. Her father in Florida is drinking every day, has lost a job, and refuses help. She wants to know whether Florida law can reach him. Her own state is not the first question. Where her father is, and what she can show a court, come first.

Ask early where your loved one is, and where he or she will likely be on the filing day.

Which Florida County Hears a Marchman Act Petition

The petition goes to the clerk of the court in the county where the loved one is located. The statute says a petition for involuntary treatment must be filed in that county, and the clerk may not charge a fee for filing it (Fla. Stat. § 397.681).

Still, confirm the county before you file, and check again if your loved one moves.

For the full process, read the Marchman Act process overview.

Who Can File, and Whether the Petitioner Must Live in Florida

For an adult, the statute names who may file. A petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse impairment and the prior course of assessment and treatment (Fla. Stat. § 397.68112).

A relative in another state can be a petitioner when they fit a listed category. The court still decides whether the petition meets the statute.

If the petitioner is found indigent, a court may prohibit service of process fees, or a law enforcement agency may waive them (Fla. Stat. § 397.68112).

What the Court Looks for Regardless of Distance

A person meets the criteria if there is good faith reason to believe they are substance abuse impaired, or have a substance use disorder with a co-occurring mental health disorder. That impairment must have taken away their power of self-control (Fla. Stat. § 397.675).

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.”

The petition must give the names of both people, their relationship, and the facts behind each belief (Fla. Stat. § 397.68141). If the person was never assessed, the petition must say so. A report from a qualified professional who examined the person within 30 days may come with the petition.

The respondent has the right to counsel at every stage of the judicial proceeding, unless the respondent knowingly, intelligently, and voluntarily waives that right in court. If the court believes the respondent needs or desires counsel, the court shall appoint counsel for the respondent without regard to the respondent’s wishes (Fla. Stat. § 397.681).

Many families first need to raise the issue directly. See talking with a loved one before a petition.

Practical Steps When Your Loved One Is Out of State

Start by writing down what you have seen and heard, with dates, and by confirming where your loved one is. Specific facts carry more weight than general worry. Useful records include:

• Dates and descriptions of specific incidents
• Texts, messages, or voicemails that show impairment
• Any treatment or medical information the family already holds
• The last known Florida address and the current location

Distance changes how testimony works. A witness may attend the hearing remotely and testify under oath by audio-video technology. That witness must give the parties relevant documents by the close of business the day before the hearing (Fla. Stat. § 397.6957).

Timing matters too. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). A reissued ex parte assessment and stabilization order is valid for 90 days. The provider may not hold the person for more than 72 hours of observation, except in listed situations (Fla. Stat. § 397.6818).

The clerk sends the summons to law enforcement for service within 6 hours after it is issued, unless the chief judge authorizes private process servers. A current address helps that service happen.

If your loved one already left treatment early, see leaving treatment early under the Marchman Act. If weapons are part of your concern, see Marchman Act and firearms.

How the Marchman Act Differs From the Baker Act for Out-of-State Cases

The Marchman Act addresses substance use, and the Baker Act addresses mental health. Knowing which problem drives the concern helps you identify the right statute to discuss.

Some families face mixed cases. The Marchman Act’s criteria already account for a co-occurring mental health disorder alongside a substance use disorder (Fla. Stat. § 397.675). Those facts still need a close look before choosing a path.

Keep the choice fact-based. Don’t pick a statute because it sounds faster. The family’s facts and the loved one’s condition should drive that decision.

Talking With a Florida Guardianship and Marchman Act Team

If you’re reading from far away, you may be juggling work, children, and a loved one who isn’t answering your calls. You may not yet know whether a petition is possible. That uncertainty is a normal place to start.

Richard J. Casey III, Esq. and our team focus on Marchman Act petitions and guardianship matters for families across South Florida and statewide. When you’re ready to talk through where your loved one is and what you’ve seen, call (561) 849-4700 or use our contact form. Your first consultation is free, confidential, and carries no obligation to continue.