A quiet kitchen table with two empty chairs and a cup of coffee beside a window in soft morning light.

Marchman Act and Guardianship | Miami-Dade and South Florida

Your Adult Child Refuses Rehab. What Do You Say Next?

Practical guidance for a painful conversation, and how Robinson Casey helps Florida families when a loved one will not accept treatment.

By Richard J. Casey III, Esq. · Published October 30, 2026

You’re asking what to say because your adult child keeps saying no, and you’re running out of options. Use calm, specific words. Show love and fear, name one recent event without blame, and offer one clear next step. Then accept that the answer may still be no.

Where you are right now, and why the words feel impossible

You have probably spent years paying for treatment, trying interventions and setting limits. A recent overdose, relapse, hospital stay or disappearance may have finally pushed you to look for another way.

Many parents in your spot feel exhausted, ashamed and afraid. You fear your child will overdose, end up in jail or live on the street. You may feel hope slipping away.

This page covers the conversation that comes before any court petition. It won’t promise that talking will work. It will help you say what you need to say, avoid words that make things worse, and understand the court process Florida provides when talking is no longer enough.

If your child's safety is at risk and talking has stalled, you don't have to work through this alone. Call Robinson Casey at (561) 849-4149 to talk through your situation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Why your adult child may say no to rehab

Refusal is common, and it does not mean you failed. Addiction can change how a person sees their own problem.

The National Institute on Alcohol Abuse and Alcoholism describes alcohol use disorder as a medical condition. It also says evidence-based treatments can help a person recover. Your child’s no may come from the illness itself.

Other common drivers include fear of withdrawal, shame, distrust of programs and pressure from friends who still use. Each one can produce a flat refusal.

Florida law also recognizes that refusing help is not the same as being unable to decide. Under Fla. Stat. § 397.675, mere refusal to receive services does not by itself show lack of judgment. Under Fla. Stat. § 397.675, a person meets the criteria for involuntary admission only if there is good faith reason to believe the person is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder), has lost the power of self-control over substance use, and, because of that, either is in need of services and has judgment so impaired that they cannot appreciate that need or make a rational decision about it, or, without care, is likely to suffer from neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm (not avoidable through willing, able, and responsible family or friends or other services), or there is a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or, unless admitted, is likely to inflict physical harm on themselves or another.

A no today does not settle what your child will accept after the next crisis. You don’t need to win the argument in one conversation.

Decide what you will and will not do before you talk

Decide your own limits before the conversation starts. That way you aren’t making them up in the middle of a crisis.

Start with money. Cash, bail and debt payments can make continued use easier. Stop the payments that enable use. Then say clearly what you will still provide, such as a meal, a ride to a doctor or a ride to an intake appointment.

Set boundaries as your own actions. Say “I won’t lend money again.” Don’t say “If you don’t stop, you’re out forever” unless you will really follow through.

Write down the one or two things you will do if your child accepts treatment. A specific offer is easier to hear than a vague one. For example, you might agree to pay for transportation or sit with them during intake.

What to say: opening lines that keep the door open

Start with love and fear. Name one recent event plainly. Offer one next step. Then stop and listen.

Try something like this: “I love you, and I’m scared I’m going to lose you.” Then add: “When you didn’t come home Tuesday, I didn’t sleep. I need to know you’re safe.”

Offer one concrete step: “Will you see a doctor with me this week?” Ask one question, then wait. Let the silence do its work.

If the answer is “not yet,” don’t argue. Say, “Okay. I’ll check on you Sunday.” Then do it. Repeat the same message each time, in the same calm tone. Consistency builds trust over time.

The Substance Abuse and Mental Health Services Administration offers a family guide on talking with an adult loved one about substance use. It is a useful place to build your words.

Close-up of a worn wooden kitchen table with a mug of coffee and a folded letter in soft morning light.

What not to say, and how to handle anger or threats

Avoid guilt, sarcasm, comparisons to siblings and debates about whether your child has a problem. Those lines close the door fast.

Don’t bargain with money or with promises you won’t keep. Your child will remember the broken promise more than the offer.

If your child becomes abusive or threatens harm, end the conversation. Move to a separate room or leave. If anyone is in danger, call 911 right away.

Keep your voice low and steady. Repeat your one sentence instead of escalating. A calm parent who repeats one clear message often gets further than one who argues every point.

Get medical and clinical input, and keep overdose safety in place

Talk with your child’s doctor or a licensed mental health professional about current risks. Ask about withdrawal, which can be dangerous, and about any mental health condition that happens alongside the substance use.

Overdose is a medical emergency. If someone is not breathing or cannot be woken, call 911 immediately.

Keep naloxone at home, and make sure everyone in the house knows where it is and how to use it.

Clinical input also matters later. Florida’s involuntary process relies on professional assessments, so a written record from a clinician helps you and the court understand your child’s condition.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

When talking is not enough: understanding Florida’s Marchman Act

When talking has failed and your child’s safety is at risk, Florida’s Marchman Act is a court process to understand. It is one option, not the first step.

For an adult, Fla. Stat. § 397.68112 allows a petition by any relative. That includes a parent.

Under Fla. Stat. § 397.681, the petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it. The respondent also has the right to counsel at every stage, although the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily.

Under Fla. Stat. § 397.6957, the respondent generally must be present at the hearing. The court hears evidence, including testimony from family members who know the person’s history.

Under Fla. Stat. § 397.697, the court may order treatment for up to 90 days if the conditions are proved by clear and convincing evidence.

Talk through your situation with Robinson Casey

Robinson Casey focuses on Marchman Act petitions and guardianship matters in Florida. Our team can explain how these cases work and what steps follow.

Florida law also gives a person the right to ask for an attorney, which our team can explain in plain terms during a consultation.

Common questions

What should I say first to my adult child?

Start with love and fear. Then name one recent event without blame.

Can a parent file a Marchman Act petition?

Yes. For an adult, Fla. Stat. § 397.68112 allows any relative to file.

Does my child have a right to a lawyer?

Yes.

If you’re stuck between a child who says no and a crisis that won’t wait, you don’t have to decide alone. The first consultation is free, confidential, and carries no obligation to continue. Call Robinson Casey at (561) 849-4149 or visit our contact page to talk through your situation. No one can predict how a court will rule in any case.

The information on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Results in prior cases do not guarantee similar outcomes in future matters. Please consult a licensed Florida attorney for advice specific to your situation. Robinson Casey, 6400 Congress Ave #2050, Boca Raton, FL 33487.

How Robinson Casey Can Help

Marchman Act Petitions

Our firm focuses on Marchman Act petitions for adults struggling with substance use who will not voluntarily seek treatment.

Involuntary Commitment for Addiction

We explain how the Marchman Act process works, what a petition requires, and what your family can expect at each step.

Guardianship Matters

We handle guardianship matters across South Florida, including emergency temporary, plenary, limited, and mental health guardianship.

Plain-Language Answers

Our team takes time to answer your questions clearly, so you understand your options before deciding on a next step.

Safety Comes First

If your child is in immediate danger, call 911 or go to the nearest emergency room. Do not wait for a conversation to go well before acting on a safety concern.

Words That Often Help Open the Door

Lead With Love and Fear

Say plainly that you love your child and that you are scared. People are more willing to listen when they do not feel attacked.

Name One Specific Event

Describe one recent moment and what you saw, without labels or blame. Specific facts are harder to dismiss than general arguments.

Listen Before You Argue

Let your child answer without interrupting. Hearing their side, even when you disagree, keeps the conversation going.

Pause When It Escalates

If voices rise or threats appear, end the conversation for now. A calmer second attempt is often more productive than a heated first one.

Talk With Robinson Casey About Your Family's Situation. Your First Consultation Is Free, Confidential, and Carries No Obligation to Continue. Richard J. Casey III, Esq. Is Ready to Listen.

Related practice areas

Call Now — Free Consultation (561) 849-4700