Overdose or Refusing Rehab? Understand Your Next Steps

If you need to know what to do when someone overdoses and refuses rehab Florida families face, start with one step: call 911. Once the emergency is over, Florida’s Marchman Act may give certain family members a court path to ask for an assessment and possible involuntary treatment. This guide walks through the emergency steps, who can file, what a petition must say, and what a court order does and does not do. It’s written for families in Miami-Dade and across South Florida who are reading this while the situation is still unfolding.

Call 911 First: The Immediate Steps During an Overdose

Call 911 right away if someone is overdosing. Say what you see, such as slow breathing, no breathing, or no response. Responders need clear facts fast, so keep your words short.

Until help arrives, check whether he is breathing. If he is breathing but unconscious, place him in the recovery position, on his side. Don’t leave him alone. Follow the dispatcher’s instructions step by step, even when they feel slow.

Emergency responders should still check him after he seems to recover. A person who looks better can still need medical care. Tell the medics what you saw and what you think he used.

Write down the time you called, the address, and what happened. Keep the ambulance report and any hospital discharge papers. These are the first records in your family’s file, and they matter if the case goes to court.

When a Loved One Refuses Rehab After an Overdose

A refusal after an overdose does not end your options. Many people refuse treatment out of fear, shame, or denial, or because they are still intoxicated. That refusal can change over time. But you cannot wait for it to change while the danger continues.

Florida law draws a careful line here. Under Fla. Stat. § 397.675, mere refusal to receive services is not, by itself, evidence that a person lacks the judgment to decide about them. The law looks at the whole picture. It asks whether the person has lost self-control and whether impaired judgment or a real risk of harm is present.

That’s why the overdose and the refusal matter together. One event may not tell the full story. A pattern of use, repeated emergencies, and refusal of help can give a court a clearer picture.

Deciding to ask a court to step in for your child, spouse, or sibling is painful. You may feel guilty, angry, and afraid at the same time. Those feelings are normal. They don’t mean you are doing the wrong thing.

Can a Family Member File a Marchman Act Petition in Florida?

Yes. Under § 397.68112, for an adult, a petition may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past treatment. The adult who needs help is called the respondent. The family member who files is the petitioner.

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it, under § 397.681. The petition must name both people, state their relationship, name the respondent’s attorney if known, and list the facts behind the request, under § 397.68141.

After filing, the court must decide whether the respondent has a lawyer or should get one. The court must also set a hearing within 10 court working days unless a continuance is granted, under § 397.68151.

The respondent has a right to counsel at every stage of a judicial proceeding under § 397.681, which the respondent may waive if present and the court finds the waiver knowing, intelligent, and voluntary. A respondent who cannot afford private counsel has the right to court-appointed counsel, and if the court believes the respondent needs or desires counsel, the court must appoint counsel regardless of the respondent’s wishes. The Second District Court of Appeal has said this right rests on due process, in Hillsborough County v. Albrechta.

How a Refusal After an Overdose Can Lead to a Marchman Act Petition

A petition moves forward when its facts point to the statute’s criteria. The petition must give the reason the family believes the person is impaired. It must also explain why the person has lost self-control and why harm is likely or judgment is impaired, under § 397.68141.

If there is an emergency, the petition must describe the emergency facts. In an emergency, the petition must also include a request for an ex parte order, meaning an order the court can enter without the other side present. Under § 397.6818, when the petitioner asserts that an emergency exists, or the court determines one exists on review of the petition, the court may rely on the petition alone and enter that order without appointing an attorney.

Specific facts matter here. In D.H. v. K.J.R., the Second District held that the trial court erred in entering an ex parte order. The petition did not show a good-faith reason to believe the statutory criteria were met.

Whether a particular refusal meets these criteria depends on the facts of each case.

Documenting the Overdose and the Refusal

Start a written log today. Record the date, time, place, and what was used, if you know. Note who was there and who called for help.

Save everything connected to each event. That means EMS run information, hospital discharge papers, and any written refusal of treatment the hospital recorded. Keep texts and voicemails in which he refuses help, threatens harm, or describes ongoing use.

Write down the names of responders, doctors, and staff you speak with. Note what each one said, as close to word for word as you can. Notes made at the time carry more weight than memories pieced together months later.

Keep copies in one place, such as a folder or a secure note on your phone. Update the log each time something new happens.

Why does this matter? Under § 397.6957, the court must hear and review all relevant evidence, including testimony from family members who know the person’s history. That testimony is taken under oath, and the proceedings must be recorded. Your log helps you tell the facts accurately.

Court-Ordered Rehab, Time Limits, and Other Court Options

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days. See § 397.697.

An order does not renew itself. A renewal petition must be filed before the period ends. The court may then add up to another 90 days, under § 397.6975. If no renewal is filed, the person is discharged at the end of the 90 days, under § 397.6977.

A provider may not hold a person for observation longer than 72 hours, unless a listed condition applies, under § 397.6818.

Guardianship is a different path. Under § 744.3031, after a petition for determination of incapacity has been filed, an emergency temporary guardian may be appointed only if the court finds imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. Its authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first, but may be extended for an additional 90 days upon a showing that the emergency conditions still exist. Mental health guardianship has its own standards.

Mistakes Families Often Make in These Situations

Waiting for a second or third overdose is a common mistake. The court process takes time to start, so waiting delays steps you could begin now.

Threats and ultimatums are another trap. If the family doesn’t follow through, that can weaken its credibility with responders and the court.

Handling everything in private is a mistake too. Other family members may need to know what is happening, and hiding overdoses makes the record harder to build.

Arguing about blame in the middle of a crisis wastes time. Record the facts first, then get guidance on the next step.

Paying debts or covering costs without a plan can keep the cycle going. It may not change the risk at all.

Talking With Robinson Casey About a Loved One Who Refuses Treatment

Robinson Casey is a Florida law firm that limits its practice to Marchman Act and guardianship matters. It serves families across South Florida and statewide. Richard J. Casey III, Esq. is responsible for this page.

The first consultation is free, confidential, and carries no obligation to continue.

This page is attorney advertising. Nothing on it predicts or promises a result, and prospective clients may not obtain the same or similar results.

If someone you love is refusing help after an overdose, you don’t have to sort out the court steps alone. Contact our office to talk through your family’s facts.