Marchman Act Help for Families Facing Addiction Crises

Which Florida law applies depends on the facts. The Baker Act covers mental illness, and the Marchman Act covers substance abuse. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, so this page explains the difference and what the firm handles.

What a Marchman Act Petition Involves

The Marchman Act covers substance abuse. Under Fla. Stat. § 397.675, a person may meet the criteria for involuntary admission 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. The statute adds further conditions that must also be met.

Families often search for an emergency Baker Act attorney when a loved one is in crisis. Robinson Casey does not handle Baker Act matters.

Who Robinson Casey Handles: Marchman Act and Guardianship Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The practice limits its work to Marchman Act and guardianship matters. Its services include:

• Marchman Act attorney work on involuntary treatment petitions
• Involuntary commitment for addiction
• Emergency temporary guardianship
• Plenary guardianship, which is full guardianship
• Limited guardianship, which is narrower and set by the court
• Mental health guardianship

Emergency temporary guardianship needs a closer look. Under Fla. Stat. § 744.3031, a court may appoint an emergency temporary guardian after a petition for determination of incapacity has been filed. The court must find that imminent danger appears to exist unless immediate action is taken. The statute also requires the court to appoint counsel for the alleged incapacitated person during those summary proceedings.

Richard J. Casey III, Esq. is the responsible lawyer. Our team includes assistants and office staff. If a matter falls outside these areas, it may be referred to another lawyer.

How the Process Generally Works, Step by Step

Most matters follow the same general order, though each case is different.

1. Initial consultation. The first meeting is free, confidential, and carries no obligation to continue.
2. Document review. We review the records the family has and the person’s current circumstances. Review does not predict what the evidence will show.
3. Preparing the filing. A Marchman Act petition must be filed with the clerk of the court in the county where the person is located, under Fla. Stat. § 397.681. The clerk may not charge a fee to file that petition.
4. Possible ex parte order. When emergency circumstances exist, Fla. Stat. § 397.6818 allows the court to rely on the petition alone. The court may then enter an ex parte order for assessment and stabilization without appointing an attorney.
5. Hearing and follow-up. Hearing dates follow the court’s calendar and discretion. The firm does not set them, and it does not control the court’s timing.

Guardianship filings follow different statutes and rules. The court sets the schedule for each step.

What to Gather Before a Consultation

Gathering the right facts early helps the consultation stay focused. Bring what you have:

• Full legal name, date of birth, and the county where the person is located.
• Any court orders, prior evaluations, discharge papers, or facility records.
• A short written timeline of recent events, including dates of crises and any hospital or facility stays.
• Names and contact details of treating providers, if known.
• Your relationship to the person, and the name of any attorney the person already has.

Under Fla. Stat. § 397.68141, a petition for involuntary services must include the respondent’s name, the petitioner’s name, the relationship between them, the respondent’s attorney if known, and the factual allegations. Fla. Prob. R. 5.648 provides that, before a guardian is appointed but after a petition for determination of incapacity has been filed, the alleged incapacitated person or any adult interested in that person’s welfare may petition for appointment of an emergency temporary guardian of the person or property. The rule requires that petition to be verified and to state, among other items, the petitioner’s residence and post office address; the name, age, and residence and post office address of the alleged incapacitated person; that there appears to be imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated, or lost, unless immediate action is taken; and the nature of the emergency.

Gathering these items does not decide the outcome. The court decides what evidence it considers.

Why Robinson Casey Focuses Its Practice This Way

Robinson Casey concentrates on Marchman Act petitions and guardianship matters.

Richard J. Casey III, Esq. is the responsible lawyer for the practice. This page makes no claims about his skill, reputation, or results. The best way to judge fit is a direct conversation.

Our team includes assistants and office staff who support the practice. This page does not claim any particular number of matters, speed of response, or relationships with courts.

No one can promise a particular outcome.

Common Questions About Marchman Act and Guardianship Matters

Talk With Richard J. Casey III About Your Family’s Situation

If someone you love is in crisis, you didn’t choose this position. You may be facing a family member who refuses treatment for substance use, or a person whose judgment is impaired and who can’t manage their own affairs. Clear information can help you understand which law may apply.

Call (561) 849-4149 or request a consultation to set up a free, confidential initial consultation, with no obligation to continue.