Marchman Act Petitioner Attorney in Florida

You’re worried about someone you love, and you want to know whether a Florida court can step in. Under the Marchman Act, the family member who asks for that help is called the petitioner. If you are the family member filing a petition so a Florida court can step in for your loved one, our firm represents you as the petitioner, not your loved one named in the petition.

Once you understand the petitioner’s role, it helps to know what the firm does for families and what to expect as the case moves through court.

What the Petitioner Does Under the Marchman Act

The petitioner is the person who files a petition asking a court to order assessment and treatment for someone with a substance use problem. Because due process is implicated, we conclude that a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings (Hillsborough County v. Albrechta).

Who may file. Under Fla. Stat. § 397.68112, an adult’s petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior treatment.

What the petition must say. The petition names the person (the respondent) and the petitioner, and states how they are related. It also gives the facts behind your belief that the person is impaired and has lost self-control. Fla. Stat. § 397.68141 sets out these required contents, which also include the name of the respondent’s attorney, if known, and the reason the petitioner believes the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services, or that the respondent’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that the respondent cannot appreciate the need for care or make a rational decision about it.

Signed under penalty. When a law requires a document to be verified, Florida allows a written declaration that the facts are true, made “under penalties of perjury.” A person who knowingly makes a false declaration commits a third-degree felony under Fla. Stat. § 92.525.

According to J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the Fifth District held that a trial court failed to follow the statute when, with the petitioner absent, it called and questioned the health care professional. A Fourth District court has noted a conflict with that line of cases in J.J.J. v. D.G., so treat this rule as Fifth District law, not a statewide one.

Testimony. Family members often testify. Under Fla. Stat. § 397.6957, the court hears all relevant evidence, including testimony from people such as family members familiar with the respondent’s history and the qualified professional’s assessment, and witnesses may attend remotely and, as appropriate, testify under oath by audio-video technology, but a witness who plans to attend and testify remotely must give the parties all relevant documents by the close of business on the day before the hearing.

Who This Page Is For and What the Firm Does for the Petitioner

This page is for a parent, spouse, adult child or sibling who is weighing a Marchman Act petition for a loved one. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

For petitioners, the firm’s work typically includes:

• Reviewing the facts with you, including the reasons you believe your loved one needs help
• Preparing and organizing the petition so it covers each required item
• Explaining each filing and notice step and what it means for your case
• Preparing you for testimony, including the questions the judge or the respondent’s lawyer may ask
• Keeping documents and scheduling organized with the firm’s support staff

Specifics help. Dates, particular incidents and any prior treatment attempts give the court concrete facts. A general statement that someone “drinks too much” gives the court little to work with.

Robinson Casey represents you as the petitioner. It does not represent your loved one, and you should know whose interests your lawyer is protecting.

Your Loved One May Have Separate Counsel

Yes, the person named in the petition may have a lawyer, and that lawyer works for them, not for you. Florida gives a respondent the right to counsel at every stage of a proceeding on an involuntary treatment petition. Under Fla. Stat. § 397.681, the respondent may waive the right to counsel only if the respondent is present and the court finds that the waiver is made knowingly, intelligently, and voluntarily.

Because due process is implicated, we conclude that a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings (Hillsborough County v. Albrechta).

After filing, the court decides whether the respondent already has a lawyer or should get one. Under Fla. Stat. § 397.68151, a copy of the petition and the hearing notice must be provided to the respondent, the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, a minor respondent’s parent, guardian, or legal custodian, and any other persons the court directs.

What this means for you:

• Tell your attorney early if your loved one already has a lawyer or a court-appointed one.
• Expect the respondent’s attorney to have access to the respondent, witnesses and records relevant to the case.
• Do not assume the respondent’s lawyer is working on your family’s side.

How the Process Works: Step by Step

The petition moves from filing to notice, then to a hearing and a court order. Timing depends on the court’s calendar and the facts of your case.

1. Initial review. Your attorney goes over your loved one’s history and any recent assessment. The petition may attach a professional’s report from an exam within 30 days before filing. If there was no assessment, the petition must say so.
2. Filing. The petition goes to the clerk of court in the county where the person is located, and the clerk may not charge a filing fee under Fla. Stat. § 397.681. Miami-Dade’s clerk directs people seeking involuntary alcohol or drug treatment to the Probate Court for adults and Juvenile Court for minors (Miami-Dade Clerk mental health court). In J.P. v. J.N., the court stated that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.
3. Notice and hearing. The court schedules a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151.
4. Hearing and order. The respondent must be present at the hearing unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present, or, after evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others, and the qualified professional’s clinical assessment must be filed with the court no later than the close of business on the day before the hearing (Fla. Stat. § 397.6957). Before the hearing, your attorney prepares you for what the judge and the respondent’s lawyer may ask. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (Fla. Stat. § 397.697).

Why Families Work With Robinson Casey

Robinson Casey focuses on Marchman Act petitions and guardianship matters, so its work stays centered on these cases.

• The practice is limited to Marchman Act petitions and guardianship matters.
• The firm serves families in Miami-Dade, across South Florida and statewide.
• Richard J. Casey III, Esq. is the responsible lawyer for this page.
• Support staff keeps petitions, notices and scheduling organized.
• If your matter falls outside this practice, the firm will tell you so and may refer you to another lawyer.

Common Questions About Representing the Petitioner

Most petitioners ask the same questions before filing, so here are short answers.

Can I file if my loved one does not want help? Yes, if you fall within a group the statute names, such as a relative or spouse. The court decides after a hearing.

Do I need a lawyer to file? You can hire Robinson Casey to help you prepare the petition and represent you through the hearing.

Is there a fee to file? The clerk may not charge a fee to file the petition under Fla. Stat. § 397.681.

Do I have to testify? The court may hear testimony from family members, and that testimony is taken under oath.

Will my loved one have a lawyer too? The court checks whether the respondent has counsel or should receive appointed counsel.

Are the court records public? Under Fla. Stat. § 397.6760, these records are confidential, and the clerk may disclose them on request to people such as the petitioner and the respondent.

Is the first conversation confidential? Yes. The first consultation is free, confidential and carries no obligation to continue.

Talk With Robinson Casey About Your Petition

If your loved one’s drinking or drug use has put them at risk, and you’re deciding whether to file, you don’t have to face the petition process alone. Robinson Casey can walk you through the petitioner’s role, the sworn filings and what the hearing involves. Call (561) 849-4149 or send a message through the contact page.