Marchman Act Florida: Options When a Spouse Hides Pills

If your spouse hides pills and insists everything is under control, you are probably the one keeping track of what is missing. That is a heavy job to carry alone.

Florida’s Marchman Act can give a family a court route to an assessment and treatment for an adult who cannot judge their own need for care. Spouses are among the people Florida law lets file. This page explains what the law covers, what to write down, and how a case moves.

When your spouse says the pills are under control

All of this rests on a good faith reason to believe these criteria are met. Under Fla. Stat. § 397.675, mere refusal to get services is not, by itself, evidence of lack of judgment.

That leaves many spouses stuck. Waiting for a crisis feels unsafe. Acting early can feel like betrayal. You may be counting pills while hoping you are wrong.

You don’t need proof of everything before you ask questions. You do need facts. The rest of this page shows which facts matter and how to organize them.

What the Marchman Act covers and who it is for

The Marchman Act is the Florida law, in Chapter 397 of the Florida Statutes, that sets up court-ordered help for adults with substance use impairment. It aims to get an impaired person assessed and into treatment when they can no longer make safe decisions for themselves.

Under Fla. Stat. § 397.675, the court looks for a good faith reason to believe the person is impaired and has lost self-control about substance use. The person must also meet one of these tests: they cannot appreciate their need for services and make a rational decision about them; or, without care, they are likely to neglect themselves, that neglect poses a real and present threat of substantial harm, and it is not apparent that help from willing, able family or friends or other services can prevent it; or there is a substantial likelihood they have inflicted, threatened or attempted physical harm on themselves or someone else, or are likely to do so unless admitted.

The statute also addresses a substance use disorder that occurs alongside a mental health disorder.

The Marchman Act is a treatment petition.

Who can file and what to document before you act

As the spouse of an adult, you can file a petition for involuntary treatment services. Under Fla. Stat. § 397.68112, a spouse, legal guardian, relative, service provider or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment may file for an adult respondent.

The petition must name your spouse and you. It must state your relationship, the respondent’s attorney if known, and the facts showing why help is needed. Under Fla. Stat. § 397.68141, it may include an assessment from a qualified professional who examined your spouse within 30 days before filing. If there was no assessment or a refusal, the petition must say so.

Under Fla. Stat. § 397.681, the clerk may not charge a fee to file the petition.

Keep a dated, factual log. Write down:

• Each pill you find, its type and count, and where you found it.
• Counts that don’t match the bottle or the prescription.
• Missed work, unexplained spending and unpaid bills.
• Incidents such as falls, unsafe driving, threats, 911 calls or hospital visits.
• How the children were affected and who supervised them.
• Prescription or pharmacy information you lawfully have.

Facts beat labels. “Missing 14 tablets from a 30-count bottle on March 3” helps a court more than “out of control.” Keep copies, and never change the original notes.

How a Marchman Act case moves, step by step

A case starts when the petition is filed, and the court moves quickly after that.

1. Filing and counsel. The court decides whether your spouse has a lawyer or needs one. A respondent has the right to counsel at every stage, which the respondent may waive only if present and the court finds the waiver knowing, intelligent, and voluntary; court-appointed counsel is available for a respondent who desires counsel and cannot afford a lawyer under Fla. Stat. § 397.681. A Florida appeals court has held that a respondent has a constitutional right to counsel in these proceedings, in Hillsborough County v. Albrechta.
2. Hearing date. The court schedules the hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151.
3. Emergency orders. If an emergency exists, the court may enter an ex parte order without an attorney. Under Fla. Stat. § 397.6818, a provider may hold the person for no more than 72 hours of observation, unless an exception applies. An ex parte order must rest on petition facts that give a good faith reason to believe the criteria are met, as the court held in D.H. v. K.J.R..
4. Under Fla. Stat. § 397.6957, the respondent must be present at the hearing unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present or, after receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others, and the court hears the results of the qualified professional’s assessment.
5. The court shall hear and review all relevant evidence, including testimony from family members familiar with the person’s prior history. Your spouse may refuse to testify.
6. Order. If the court finds the conditions proved by clear and convincing evidence, it may order up to 90 days of services, under Fla. Stat. § 397.697. At the end of that period, the person is discharged unless a renewal motion is filed, under Fla. Stat. § 397.6977.

Appeals courts have split on one hearing issue. The Fifth District held that when the petitioner is absent, the judge may not call and question the professional who signed the certificate, in C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare. The Fourth District reached a different result and certified conflict in J.J.J. v. D.G.. The Fourth District Court of Appeal wrote in J.J.J. v. D.G., No. 4D2023-2185 (Fla. 4th DCA July 24, 2024): “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.”

Guardianship options when the situation is broader than addiction

Guardianship is a separate track under Chapter 744 of the Florida Statutes. It fits when a person can no longer manage their own safety, health or money. Emergency temporary guardianship is the fastest of these tools.

Under Fla. Stat. § 744.3031, a court may appoint an emergency temporary guardian only after a petition to determine incapacity is filed. The court must find imminent danger to the person’s physical or mental health or safety, or danger that property will be wasted or lost, unless immediate action is taken.

The same statute requires notice of the petition and hearing, served on the alleged incapacitated person and their attorney at least 24 hours before the hearing, unless the petitioner demonstrates that substantial harm would occur if the 24-hour notice is given. The alleged incapacitated person’s attorney must be served, and the court must appoint counsel. The temporary authority ends after 90 days or when a guardian is appointed, whichever comes first. It can be extended for another 90 days if the emergency still exists.

A petition to determine incapacity must be verified and must state the petitioner’s relationship to the person and the facts behind the belief. Florida law lists the required contents of a petition to determine incapacity in Fla. Stat. § 744.3201.

Mental health guardianship, plenary guardianship and limited guardianship are other options. Plenary guardianship covers broad decisions. Limited guardianship is narrower and leaves some rights with the person. Mental health guardianship addresses a psychiatric condition that affects decisions. Which tool fits depends on the facts and on your spouse’s capacity.

Your fears about the children, money and the marriage, answered plainly

A Marchman Act petition focuses on assessment and treatment, so it cannot fix every problem in your home. Here is how each of your main worries fits.

The children. The court shall hear and review all relevant evidence, including testimony from family members who know the person’s history and how it connects to their current condition. Your dated notes about the children can be part of that picture. Your dated notes about the children can be part of that picture.

The money. Hidden spending and missed work can drain a household fast. A treatment petition does not answer debt or property questions on its own.

The marriage. No legal process can decide whether your marriage survives. The goal of a petition is safety and treatment.

Waiting carries its own risks.

No outcome can be promised. Results depend on the facts of each case.

Why Robinson Casey for this matter

• Responsible lawyer: Richard J. Casey III, Esq. is responsible for this page.
• Support staff: Our team includes assistants and office staff who handle intake and scheduling, so your calls and documents move through a clear process.
• Under Fla. Stat. § 397.68141, a petition for involuntary services must contain the name of the respondent; the name of the petitioner; the relationship between the respondent and the petitioner; the name of the respondent’s attorney, if known; and the factual allegations presented by the petitioner establishing the need for involuntary services for substance abuse impairment.
• Honest limits: If a matter falls outside this practice, the firm may refer it to another lawyer or firm.

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