Marchman Act Attorney: Understanding How Long Florida Orders Last

Robinson Casey limits its practice to Marchman Act and guardianship matters. In every case, the court’s schedule and discretion matter.

Key Features of a Marchman Act Matter

Under Fla. Stat. § 394.455, “involuntary examination” means an examination performed under s. 394.463, s. 397.6772, s. 397.679, s. 397.6798, or s. 397.6957 to determine whether a person qualifies for involuntary services. A Marchman Act matter is different.

Keep that difference in mind when you read any timeline.

Marchman Act involuntary admission turns on specific criteria. Under § 397.675, a person meets the criteria 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 also requires that, because of that impairment or disorder, the person has lost the power of self-control with respect to substance abuse. Other requirements also apply, and the court decides.

Robinson Casey does not handle Baker Act holds. The firm limits its practice to Marchman Act and guardianship matters. If your question is about a Baker Act hold, we will say so plainly.

This page is for adult family members who want to understand timing in a Marchman Act or guardianship matter involving a loved one.

How Long Marchman Act Timing Can Run

Marchman Act timing has no single length this page can promise. The statute sets criteria. How quickly a case moves depends on the court’s schedule and its discretion.

If you’re gathering facts before a consultation, bring:

• Copies of any papers you received, including the petition and any notice
• Dates, places, and the names of the court and county involved
• A short written timeline of what happened and when

Our team will review those papers with you. No one can predict the outcome in advance.

How Long an Emergency Temporary Guardianship Can Last

The statute sets an end point for emergency temporary guardianship. Under § 744.3031, the guardian’s authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first.

The court may extend that authority for an additional 90 days upon a showing that the emergency conditions still exist. Whether to extend is up to the court.

Before appointing an emergency temporary guardian, the court must find that imminent danger appears to exist. The finding must show that the person’s physical or mental health or safety could be seriously impaired, or that property could be wasted or lost, unless immediate action is taken.

Other protections also apply. The court must appoint counsel for the alleged incapacitated person. Notice must be served at least 24 hours before the hearing, unless the petitioner demonstrates that substantial harm would occur if the 24-hour notice is given.

The statute requires a final report no later than 30 days after the emergency guardianship expires. Other requirements also apply, and the court decides each case.

What Happens at the Hearing and What the Court Decides

Incapacity cases also use an examining committee. Under § 744.331, the court must appoint a three-member committee within 5 days after a petition is filed. One member must be a psychiatrist or other physician. Committee reports must be served at least 10 days before the hearing, unless the reports are incomplete and the parties waive that requirement.

When Addiction or Incapacity Issues Point to Other Florida Options

Addiction-related involuntary treatment falls under the Marchman Act in Chapter 397. Guardianship matters fall under Chapter 744, and emergency temporary guardianship is one of the options that chapter provides. The two areas use different criteria, so the first step is sorting which one fits the facts.

One risk is mixing up the two tracks. A substance use concern points toward Chapter 397. A concern that someone cannot manage their own affairs or safety may point toward Chapter 744. Neither path leads to a fixed result, and the court decides.

Our practice covers these areas. During a consultation, our team can help you see which track may apply. This page does not decide that for you.

Common Questions About Baker Act Holds and Timing

Talk Through Your Situation With Robinson Casey

If you’re reading this for someone you love, you’re likely in a hard situation you didn’t choose. You don’t have to decide whether to hire anyone today to ask a question.

The first consultation is free, confidential, and carries no obligation to continue. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Call (561) 849-4149 or request a consultation to talk through whether a Marchman Act or guardianship question fits your situation. This page does not promise any result.