
Marchman Act & Guardianship | South Florida
Get Clear Answers About What Comes Next
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By Richard J. Casey III, Esq. · Published October 28, 2026
What Happens During a 72-Hour Psychiatric Hold: The Process Explained
During these three days, clinical staff conduct a thorough evaluation, stabilize acute symptoms with medication and support, and determine whether you need continued treatment or can be safely discharged with outpatient care.
If you or a loved one is currently on a hold, or you’re trying to understand what to expect, this guide walks you through each step of the process—from admission through discharge planning.

Understanding the 72-Hour Psychiatric Hold
This page focuses on what occurs during the evaluation period itself—the clinical and procedural steps—not the legal petition process or hearing that may follow if the hold is extended.
Initial Admission and Intake
Most 72-hour holds begin at a hospital emergency department or a designated psychiatric facility. When you arrive, intake staff will collect detailed information about your personal history, current medications, medical conditions, and the circumstances that led to the hold.
During intake, you’ll receive a safety screening. Staff will ask about suicidal or homicidal thoughts, any plans to harm yourself or others, and whether you’re experiencing withdrawal from alcohol or drugs. Vital signs—blood pressure, heart rate, temperature—are recorded as a baseline. Lab work or imaging may be ordered to rule out medical causes of psychiatric symptoms, such as a urinary tract infection or thyroid disorder that can mimic mental health crises.
This initial phase typically takes one to two hours and sets the stage for the evaluation that follows.
Psychiatric Evaluation and Assessment
This conversation covers your mood, thought processes, whether you’re experiencing hallucinations or delusions, your judgment, and your insight into your own condition.
If substance use or intoxication is suspected, you may undergo drug screening, blood alcohol testing, or assessment for withdrawal risk. Clinicians evaluate the severity and immediacy of danger to yourself or others, as well as your ability to meet basic needs for food, shelter, clothing, and medical care.
Based on observations and your history, the clinical team develops a preliminary diagnosis and treatment plan. Current medications are reviewed; new medications may be started to reduce acute symptoms, manage withdrawal, or stabilize mood and behavior.
All of this information is documented in your medical record throughout the hold.
Treatment and Stabilization During the Hold
Psychiatric medications may be administered to reduce acute symptoms, manage withdrawal, or stabilize mood and behavior. Nursing and mental health staff provide crisis support, de-escalation, and a structured environment. If you have co-occurring medical conditions—such as diabetes, hypertension, or chronic pain—those are treated as well, and coordination with other hospital departments may occur if needed.
Staff observe your response to treatment and watch for side effects or complications. Behavioral support continues throughout the hold. All observations, medications, vital signs, and clinical notes are recorded in your medical record.
What Makes the ER Admit You for a Psych Hold?
Danger to self. Suicidal ideation (thoughts), intent, or a specific plan; self-harm behavior; or inability to prevent self-injury.
Grave disability. You cannot provide for food, shelter, clothing, or medical care due to mental illness or substance use.
Acute psychiatric crisis. Severe symptoms such as psychosis (losing touch with reality), mania, severe depression, or acute intoxication or withdrawal that require immediate evaluation and treatment.
Under Florida law, a hold may be initiated through specific means set out in the statute, including an ex parte order from a circuit or county court based on sworn testimony.
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Can You Visit Someone on a 72-Hour Hold?
Visitation policies vary by facility, but most psychiatric facilities allow family visits during designated hours, though the person may be on a restricted unit. If the person is in acute crisis, violent, or poses a danger to visitors, visitation may be temporarily limited for safety.
Family members can typically speak with the treatment team about the person’s condition and progress. Visits from loved ones can provide emotional support and help the clinical team understand the person’s history and needs. Contact the facility directly to learn about its visitation policy and any restrictions that apply.
Does a 72-Hour Hold Go on Your Record?
The hold and evaluation are documented in your medical record at the facility.
Whether a psychiatric hold appears on a background check depends on the type of check and the jurisdiction. Some professional licenses or employment may require disclosure of psychiatric holds. If you have concerns about specific consequences—such as impacts on a professional license, security clearance, or employment—consult an attorney.
Mental health records are protected by federal and state privacy laws and cannot be disclosed without your consent or legal authority.
Discharge Planning and What Happens After 72 Hours
If you no longer meet criteria for danger or grave disability, you may be discharged with outpatient referrals and follow-up care.
You may also choose to stay for further treatment on a voluntary basis. If you still meet criteria for danger or grave disability, the facility may petition for a longer involuntary hold—often called a Baker Act extension in Florida.
Before you leave, you’ll receive a treatment summary, medication list, and referrals to outpatient mental health services, substance abuse treatment, or other resources. This discharge plan is critical to your recovery and helps bridge the gap between the structured hospital setting and community care.
How Long Do People Stay in the Mental Hospital for Suicidal Thoughts?
Many people are discharged after this time if their risk has decreased and outpatient care is available.
Some people choose to stay longer than required to receive intensive treatment. The severity of suicidal ideation, presence of a plan, access to outpatient care, family support, and availability of treatment resources all influence how long a person stays. There is no fixed length; each person’s stay depends on their clinical needs and circumstances.
Your Rights During a 72-Hour Hold
You have the right to receive appropriate psychiatric and medical care. You have the right to consult with an attorney about your hold and any legal proceedings.
In some circumstances, you may refuse medication or treatment, though emergency exceptions apply if you pose an immediate danger. You generally have the right to notify family members or a lawyer, though this may be delayed if it poses a safety risk.
When a 72-Hour Hold May Lead to Further Legal Action
Under Fla. Stat. § 394.463, a petition for involuntary services shall be filed in the circuit court or with the county court, as applicable.
In some cases, family members may pursue guardianship to help manage your medical and financial affairs if you lack capacity.
An attorney can help you understand your options and rights if your hold is extended or if you are considering guardianship or addiction treatment petitions.
Key Takeaways
A 72-hour hold is a structured evaluation period during which medical professionals assess psychiatric and medical status, manage acute symptoms, and develop a treatment plan. The process includes intake, psychiatric evaluation, medication management, and discharge planning or consideration of extended commitment.
If you are facing a situation where a loved one is on a 72-hour hold or you are considering involuntary commitment or addiction treatment, understanding the process and your legal options is essential.

What Happens Next: Getting Guidance for Your Situation
If your loved one is currently on a 72-hour hold, you may be uncertain about what comes next—whether the hold will be extended, what treatment options exist, or what your role as a family member should be. If substance use is involved and you’re considering involuntary commitment for addiction treatment, or if you’re thinking about guardianship to help manage care, the legal landscape can feel overwhelming.
Richard J. Casey III, Esq. is the attorney responsible for this page, and Robinson & Casey concentrates its practice on involuntary commitment for addiction under Florida’s Marchman Act and on guardianship matters across the state. If you are in South Florida or elsewhere in the state and need guidance on your legal options—whether that is a Marchman Act petition for addiction treatment, emergency temporary guardianship, or understanding the process ahead—reach out to discuss your specific circumstances. If your loved one is on a 72-hour hold or you’re considering involuntary addiction treatment or guardianship, you don’t have to navigate the legal options alone—contact us to discuss what comes next.
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Guidance on Marchman Act petitions for families concerned about a loved one's substance use.
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Help understanding the court process for involuntary commitment for addiction treatment.
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Representation in guardianship matters, including plenary, limited, and mental health guardianship.
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Related practice areas
- Marchman Act Petition Florida: Statute 397.6950 Guide
