Marchman Act Petitioner Attorney Florida | Robinson Casey

A Marchman Act petition asks a Florida court to order an assessment and, if the legal conditions are proven, treatment for a person with substance abuse impairment. Robinson & Casey is a Marchman Act petitioner attorney Florida families can contact. The firm limits its practice to Marchman Act petitions and guardianship matters and serves families across South Florida and statewide.

What the Marchman Act Is and Who May File a Petition

The Marchman Act is Florida’s process for people whose substance use impairs their judgment or self-control. Under § 397.68112, an adult’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and treatment history may file. For a minor, a parent, legal guardian, or service provider may file.

The Marchman Act is often compared to the Baker Act:

• Baker Act: mental health conditions, under Chapter 394.

Some people have both a substance use disorder and a co-occurring mental health disorder. Other requirements also apply, and this guide doesn’t list them all.

Steps Involved in Filing a Marchman Act Petition

A petition goes to the clerk of the court in the county where the person is located. For families in Miami-Dade, that is where the person physically is, which may differ from where the family lives. Under § 397.681, the clerk may not charge a fee to file it. If a petition is filed in the wrong county, how that is handled depends on the applicable law, the circumstances of the case, and the court’s discretion.

Under § 397.68141, the petition must name the person and the petitioner, state their relationship, and name the person’s attorney if known. It must also state facts showing why the petitioner believes the person is impaired and has lost self-control. Those facts must show either a risk of physical harm or judgment so impaired the person cannot make a rational decision about care. A report from a qualified professional who examined the person within 30 days before filing may be attached. If there was no assessment, the petition must say so.

After filing, § 397.68151 says the court must decide whether the person has a lawyer or should have one appointed. The statute also says the court schedules a hearing within 10 court working days, unless it grants a continuance.

What evidence matters depends on your facts and on what the court chooses to hear.

What Happens at a Marchman Act Hearing

A hearing is where the judge reviews the petition, takes testimony, and weighs the evidence under the statute. The respondent generally must attend. Under § 397.6957, the court may excuse attendance only if the respondent knowingly waives it, or if presence is inconsistent with the person’s best interests or likely to be injurious. The court hears relevant evidence, including testimony from family members familiar with the person’s history.

Testimony is taken under oath, and the proceedings are recorded. The respondent may refuse to testify. The statute also bars an involuntary order without a clinical assessment, unless the respondent is present and expressly waives it.

Under § 397.681, a respondent has the right to counsel at every stage. A respondent who cannot afford private counsel has the right to court-appointed counsel.

Hearing dates, attendance, and rulings depend on the court’s schedule and discretion. Having a lawyer does not decide what the court orders.

Possible Court Orders and Treatment Outcomes

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for a period not to exceed 90 days, under § 397.697. The court may order care from a publicly funded provider. It may also order a privately funded provider if the person can pay, or if someone acting for the person voluntarily shows willingness and ability to pay. The court keeps jurisdiction to enter further orders.

In an emergency, § 397.6818 says the court may rely on the petition alone and enter an ex parte order for assessment and stabilization, without appointing an attorney first. A provider may not hold the person for more than 72 hours of observation unless listed exceptions or a court order apply. Under the same section, if the person still has not been assessed after 90 days, the statute says the court must dismiss the case.

A court order is the court’s decision, not a promise of any treatment result. We can’t predict how a particular court will rule.

Costs and Fees for Filing a Marchman Act Petition

Filing with the clerk carries no clerk fee under § 397.681, but other costs can arise.

• Service of process fees: For an indigent petitioner, the court may prohibit these fees, or a law enforcement agency may waive them (§ 397.68112).
• Treatment costs: Before admission, the full charge and the individual’s fee must be disclosed. Individuals contribute according to ability to pay, unless otherwise provided by law (§ 397.431).
• Attorney fees: We disclose our fees in writing before we’re engaged, so you know what you may owe.

Total costs vary with the case and the services the court orders. Ask us about fee terms when you call.

How Robinson Casey Helps Petitioners

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. As a Marchman Act petitioner attorney Florida families can call, we focus on the petition, the hearing, and the steps that follow. Our help may include:

• Walking you through the petition process
• Reviewing the facts and records you already have
• Communicating with the court and other parties as the matter allows
• Representing the petitioner at hearings, as the court permits

Representation does not determine the outcome. The court decides based on the statute and the evidence. We can’t promise results or timing.

Sometimes a matter may be referred to another lawyer or firm. If that happens, we’ll tell you.

Frequently Asked Questions About Marchman Act Petitions