
Marchman Act & Guardianship | Miami-Dade and South Florida
Your Loved One Says No to Treatment. You Don't Have to Face It Alone.
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Learn why refusal is so common and how a family can take the next step.
By Richard J. Casey III, Esq. · Published October 26, 2026
Most people with addiction turn down help at first. Denial, mixed feelings about quitting, shame, fear, cost, and hopelessness are the most common reasons.
Why Someone With Addiction Says No to Treatment
Why do addicts refuse treatment? The answer is rarely one thing. Usually several fears and feelings work together, and the person may not be able to name them.
Refusing treatment is a common part of addiction. It often hurts the family most. If you’re watching a loved one turn down help, you may feel scared, angry, and worn out at the same time.
Refusal does not prove that your family member is unwilling to be helped in general. Addiction affects how the brain handles decisions and self-control. A person can want relief from pain and still feel unable to accept a plan.
Florida law makes a similar point. Under Fla. Stat. § 397.675, “mere refusal to receive such services does not constitute evidence of lack of judgment” about the need for help. Fla. Stat. § 397.675 also covers a person who, because of substance abuse impairment (or a substance use disorder with a co-occurring mental health disorder), has lost the power of self-control with respect to substance abuse and: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”
If you're deciding your next step while someone you love keeps refusing help, we can talk it through with you, starting with a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Why Do Addicts Ignore You?
Most people ignore family members because the conversation feels painful, not because they don’t care. Ignoring calls can be a way to avoid guilt, conflict, or the feeling of being judged.
Denial plays a big role. The person may not see how far the problem has gone. They may not see how it affects you, your children, their job, or their home. Many believe they still control their use.
Ambivalence adds another layer. Part of them wants to stop, and part of them wants to keep using. Silence can feel like the easiest way to avoid that tug-of-war.
Pressure can backfire, too. Repeated confrontation often makes people more defensive. Each new argument can push them further away. Families can focus on communicating positively, setting boundaries, and caring for themselves while still encouraging treatment.
Shame, Fear of Job Loss, and Fear of Consequences
Shame and fear keep many people from accepting help. Treatment can feel like a public admission of failure. Those feelings often grow stronger the longer use continues.
Shame is a heavy weight. Many people feel humiliated, and they avoid treatment so they won’t be labeled. They may hide their use from coworkers, friends, and even themselves.
Fear is often practical, too. A person may worry about losing a job or damaging a reputation. They may fear losing custody of children or a place to live. Those worries can be real, so they deserve a straight answer, not a lecture.
Fear of treatment itself matters as well. People may dread losing control, going through withdrawal, or being cut off from friends and daily routines.
Shame and fear feed each other. The person hides the problem, consequences pile up, and shame grows. Avoiding help starts to feel safer than facing it. Breaking that cycle usually takes calm, specific conversations and a clear plan, not more pressure.
Cost, Insurance, and Practical Barriers
Cost, lack of health insurance, and daily logistics are common reasons people give for not starting treatment. Those barriers are real. They can make help seem out of reach even when a person wants it.
Transportation, childcare, and work schedules can block the path, too. A parent who can’t leave work for weeks may see treatment as impossible, even if they want to try.
Practical barriers often mix with emotional ones. A person may name money as the reason when fear or shame sits underneath. Writing down the specific barriers, one by one, makes it easier to talk about them calmly.
Florida law touches on cost in a few places. Under Fla. Stat. § 397.681, the clerk of the court may not charge a fee for filing a Marchman Act petition. Under Fla. Stat. § 397.68112, a court may prohibit, or a law enforcement agency may waive, service of process fees for an indigent petitioner. Under Fla. Stat. § 397.697, a court may order treatment through a privately funded provider if the respondent has the ability to pay for it, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment.
Hopelessness and Suicidal Thoughts
Some people refuse treatment because they believe nothing will ever change. That hopelessness can overlap with thoughts of suicide. Those thoughts need to be taken seriously.
Listen for statements like “Nothing matters anymore” or “Everyone would be better off without me.” Talk of giving things away or saying goodbye is also a warning sign. Those signs call for quick action, not a debate about treatment.
If someone is in immediate danger or threatens self-harm, call 911. For a mental health crisis, call or text 988, the Suicide & Crisis Lifeline. Florida’s 988 lifeline statute directs the department to authorize and provide oversight of 988 suicide and crisis lifeline call centers, with the goal of providing individuals with rapid and direct access to the appropriate care.
Treat this as a safety step, not a diagnosis. You don’t need a clinical label for your family member before you reach out for help in a crisis.
What Do Addicts Say When They Are Confronted?
People with addiction often answer confrontation with denial, minimizing, blame, or anger. These are common patterns. Knowing them helps you plan a calmer next conversation.
Typical lines include “I don’t have a problem,” “I can stop anytime,” and “You’re the one overreacting.” Some people blame family members for the problem or ask for just one more chance.
Anger, deflection, and changing the subject are also common. Some people agree to talk, then backtrack once they feel pressure. Others leave the room or stop answering messages.
Plan the next conversation with care. Pick a calm time, when the person is sober and not in withdrawal. Stick to specific facts: what you saw, when it happened, and how it affected you. Skip labels and long speeches.
Dated, specific notes matter too. Under Florida’s involuntary admission criteria for substance abuse, mere refusal to receive substance abuse services does not by itself constitute evidence of lack of judgment about one’s need for those services. Clear, documented observations give a court more concrete facts than a general worry.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
What Not to Do With a Drug Addict
Avoid confronting someone who is intoxicated or in withdrawal. Avoid ultimatums you won’t enforce. Avoid covering for the consequences. These three habits can protect both the person and the family.
Judgment and safety are most affected when someone is high or sick from withdrawal. A calm conversation later is usually more useful than a heated one now.
Avoid ultimatums you can’t or won’t enforce. If you say “leave or get help,” be ready for both outcomes. Threats that fade make the next one easier to ignore.
Avoid covering for the person. Paying debts, calling in sick for them, or making excuses to relatives can protect the use and shield the person from its results.
Avoid handling everything alone. Keep notes on concerning incidents, with dates and details. Keep your own support in place, whether that’s a counselor, a friend, or a support group.
According to Florida DCF rights guidance, vulnerable adults with capacity to consent may refuse services and interventions. That is one reason the legal route depends on the facts.
What Is the Truth About Addiction, and What Florida Law Allows
It lets certain people ask a court to order assessment and treatment when the legal criteria are met. This is the civil route families often mean by involuntary commitment for addiction.
Under Fla. Stat. § 397.68112, for an adult, a 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 substance abuse impairment and prior course of assessment and treatment. A sibling or friend may qualify under that last group.
The petition goes to the clerk of the court in the county where the person is located, under Fla. Stat. § 397.681. Under Fla. Stat. § 397.68141, those facts must show why the petitioner believes the person is impaired, has lost power of self-control, and either 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 refusal to get care rests on judgment so impaired that the person cannot appreciate the need for care.
The court must schedule a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. The court must immediately determine whether the respondent has an attorney or whether appointing counsel is appropriate under Fla. Stat. § 397.68151.
In J.C. v. State, the court stated: “In doing so, the court failed to follow the applicable statute by essentially functioning as the absent petitioner.” Under Fla. Stat. § 397.697, a court must find the conditions proved by clear and convincing evidence before it orders treatment for up to 90 days.
In an emergency, Fla. Stat. § 397.6818 lets the court rely on the petition and enter an ex parte assessment order. A service provider may not hold the respondent for more than 72 hours of observation, except in listed situations.

Talk With Robinson Casey About Your Situation
If you’re trying to work out your next step while a loved one keeps refusing help, you don’t have to figure it out alone. Robinson Casey focuses on 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 attorney for this page. Our team can talk through what you’ve seen during a free, confidential first consultation with no obligation to continue.
Our first consultation is free, confidential, and carries no obligation to continue. To start, call (561) 849-4149 or visit our contact page.
Frequently Asked Questions
Why do addicts refuse treatment?
Most often, denial, mixed feelings, shame, fear, cost, and hopelessness stand in the way. Refusal is common and does not by itself show a lack of judgment under Florida law.
How Robinson Casey Can Help Your Family
Marchman Act Petitions
Our attorneys focus on preparing and presenting Marchman Act petitions for families concerned about a loved one's substance use.
Guardianship Matters
We handle guardianship matters, including plenary, limited, and mental health guardianship, with attention to the protection of the person at the center of the case.
Emergency Situations
When a situation is urgent, we help families explore emergency temporary guardianship and involuntary commitment for addiction.
Family-Centered Guidance
We explain each option in plain language so you can make informed decisions during a stressful time.
Do Not Wait for a Crisis
Waiting until a loved one is in serious danger can narrow your options. If anyone is in immediate danger, call 911 right away. For legal guidance, contact Robinson Casey as early as you can.
Matters We Handle
Marchman Act Attorney
Guidance and representation for families pursuing a Marchman Act petition in Florida.
Involuntary Commitment for Addiction
Help understanding the process when a loved one refuses voluntary treatment.
Guardianship Attorney
Representation in guardianship proceedings, from the initial petition through hearings.
Emergency Temporary Guardianship
Support for families who need protective court action quickly.
