Florida Marchman Act Help When a Veteran Refuses Treatment
If your loved one is drinking or using drugs in ways that put them and others at risk, and they keep refusing help, you may be wondering what Florida law allows. Florida’s Marchman Act can lead to court-ordered treatment, but only through a formal petition and a hearing. VA health care is a separate option, and the two work in different ways.
This page explains both paths in plain language. It is general information, not advice about your family’s case.
What Your Family Is Facing When a Veteran Refuses Addiction Treatment
A veteran who refuses addiction treatment leaves family members stuck. You can see the harm building, but you can’t make the choice for the person.
Substance use can touch almost every part of daily life. It can affect health, money, work, sleep, and safety at home. It can lead to arguments, missed appointments, and moments that frighten everyone in the house.
Families often ask two questions. Can VA care help? And can a court step in if the veteran still says no? The answers are different, so it helps to look at each question on its own.
Some families also wonder whether the veteran can still manage money, housing, or medical decisions. That is a separate question, and we cover it later on this page.
Two Separate Paths: VA Care and a Marchman Act Petition
VA care and a Marchman Act petition are separate paths. They have different decision-makers, different rules, and different timelines.
VA care is a federal health benefit. The U.S. Department of Veterans Affairs runs its health system and sets the rules for eligibility, enrollment, and programs. The veteran decides whether to enroll and take part.
A Marchman Act petition is a civil case in Florida. It is handled under Florida Statutes Chapter 397. A judge decides the case, not the family. Filing a petition starts the court process, and the court then decides whether the legal standards are met.
This difference matters because families often hear one answer and assume it covers both. One path does not replace the other. A family may consider a court petition under the Marchman Act.
How VA Substance Use Care Works and Who Qualifies
VA substance use care is available to eligible veterans, and the VA sets the rules for who qualifies. Eligibility depends on the facts, including service history and enrollment status.
The VA publishes its current rules, and those rules control which programs a veteran can use. Families should keep in mind that the VA’s rules are not the same as Florida’s court rules.
Here is the key point. VA care works when the veteran enrolls and takes part. A veteran who refuses care is not facing a shortage of services. The barrier is the veteran’s own decision.
That is why a refusal creates a different problem than a lack of programs. A court petition is one tool families consider for that problem, but it works differently from voluntary care.
What a Marchman Act Petition Is Under Florida Law
A Marchman Act petition asks a Florida court to order involuntary assessment and treatment for a person with substance use problems.
The criteria come from statute. A person may meet them if there is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder with a co-occurring mental health disorder. Because of that, they must have lost the power of self-control with respect to substance use (Fla. Stat. § 397.675).
The law sets out two alternative tests. One asks whether the person needs substance use services and, because of impairment, cannot appreciate that need or make a rational decision about it. It adds that mere refusal to receive services is not, by itself, evidence of lack of judgment.
The general sequence works like this. A petition is filed. The court schedules a hearing within 10 court working days unless a continuance is granted (§ 397.68151). Involuntary treatment must be proved by clear and convincing evidence, and an order can run up to 90 days (§ 397.697).
A family’s wishes matter, but the statute sets the requirements. That is why families should understand each stage before they decide what to do.
Who Can File a Petition and What Florida Law Requires
For an adult, a petition can 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 substance use and treatment history (§ 397.68112). The person named in the petition is the respondent.
Under this section, a petition for involuntary treatment services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment. It must give their relationship and the facts showing why involuntary services are needed (§ 397.68141). It may include a professional’s report from an exam done within 30 days before filing.
The clerk may not charge a filing fee (§ 397.681). In Miami-Dade County, the Miami-Dade Clerk’s mental health court page directs adult petitions to the Clerk’s Office Probate Court.
Frequently asked questions
Can a family member file a Marchman Act petition in Florida? Yes. For an adult, any relative, a spouse or legal guardian, a service provider, or an adult who has direct personal knowledge of your loved one’s substance abuse impairment and prior course of assessment and treatment can file.
Does it cost money to file? No filing fee applies, because the clerk may not charge one for a petition under § 397.681.
Does the person have a right to a lawyer? Yes. The respondent has the right to counsel at every stage, unless the respondent is present and the court finds that a knowing, intelligent, and voluntary waiver was made.
Where VA Care and a Marchman Act Petition Meet
The Marchman Act criteria do not mention VA enrollment. A court looks at the statutory tests and the evidence in front of it.
The court hears all relevant evidence. That can include testimony from family members who know the person’s history and how it relates to their current condition (§ 397.6957). Facts about past treatment, including VA care the veteran did or did not use, may be part of that history.
Timing can also matter. If there is an emergency, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization, without appointing an attorney (§ 397.6818). The Second District held that such an order needs petition facts giving a good faith reason to believe the criteria are met.
Under § 397.6818, the court may order that the respondent be served with the notice of hearing and a copy of the petition; this section does not set the petitioner’s burden of proof.
When a Veteran Cannot Make Decisions: Guardianship as a Separate Question
Guardianship is a separate court process from a Marchman Act petition. It asks whether a person can manage personal or financial matters. A Marchman petition asks whether a person needs involuntary substance use treatment.
Robinson Casey focuses on Marchman Act petitions and guardianship matters. The firm handles plenary, limited, emergency temporary, and mental health guardianship.
Emergency temporary guardianship is a narrow tool. The court must find imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that property is in danger, unless immediate action is taken (§ 744.3031). The authority expires 90 days after appointment or when a guardian is appointed, whichever comes first. It may be extended 90 days if the emergency still exists.
Plenary and limited guardianship are different tools with different reach. The right fit turns on what the family needs the court to do. Some families may need a Marchman petition, a guardianship case, or both.
Talk Through Your Family’s Situation in a Free Consultation
If your veteran relative is at home, drinking or using drugs, and refusing every offer of help, you may be deciding what comes next on your own. A conversation about the facts can help you see which path fits.
The first consultation is free, confidential, and carries no obligation to continue.
Call (561) 849-4149 or use the contact form to set up a time to talk about your family’s situation.