
Marchman Act & Guardianship | South Florida
Helping a Loved One Who Won't Accept Help
Calm, practical steps for families in Miami-Dade and across Florida, with a clear legal path to court when it's needed.
By Richard J. Casey III, Esq. · Published October 17, 2026
To get an addict to seek help, most families start with calm, specific conversations. They stop paying for the substance use and offer practical support that keeps the door open. If a loved one still refuses and is at risk, Florida’s Marchman Act offers a court route.
If you’re reading this, you’re probably worried, tired, and running low on ideas. You may be trying to help someone who doesn’t see a problem. This guide offers general information for families who are considering their options.
Why Your Loved One Says No
Most people with addiction push back against help at first. A no is common, and it rarely means the conversation failed for good.
Several things drive that refusal. Some people deny there is a problem. Others fear losing the substance, going through withdrawal, or what other people will think. Shame keeps many people quiet and defensive. Some believe they can quit on their own with enough willpower.
Denial and ambivalence are different. A person who denies a problem argues that nothing is wrong. A person who is ambivalent admits something is wrong but feels stuck. Ambivalent people often respond to small openings, like a worry about their health or their job.
Florida law also treats refusal carefully. Under Fla. Stat. § 397.675, mere refusal to receive services does not, by itself, count as evidence of lack of judgment about the need for services. A no is a starting point, not the end of the story.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Educate Yourself About Addiction First
Learning about addiction is the first step families can take right away. Florida’s Legislature describes substance abuse impairment as a disease that affects the whole family, not only the person using.
That view helps in two ways. It reduces blame. Many families blame the person for every choice, or blame themselves for not stopping it. It also shapes how you talk. A health problem calls for a different conversation than a moral failing.
Preparation helps too. Write down specific behaviors you have noticed. Examples include missed work, unpaid bills, lies about money, changes in sleep or mood, or unsafe driving. Note dates where you can. Facts are harder to argue with than general worries, and they keep the conversation on what you have actually seen.
Talk to Your Loved One Without Guilt or Ultimatums
Asking how to get an addict to seek help often starts with the right conversation. Pick a calm moment when your loved one is sober and not in the middle of a crisis. Late-night confrontations rarely lead anywhere useful.
Use “I” statements that describe a specific behavior and its effect on you. For example: “I noticed you missed the last two family dinners, and I worry about you.” That is harder to dispute than “You never show up for anyone.”
Guilt, shaming, and threats tend to push people further away. Ultimatums you won’t enforce teach the person that your words don’t carry weight. Partnership to End Addiction describes CRAFT family training guidance as a method that focuses on positive communication, rewarding sober behavior, and setting boundaries instead of confrontation.
Listen for openings. If your loved one mentions a doctor’s warning, money trouble, or a strained relationship, build on that. You don’t need to win the argument. You need the person to feel heard enough to keep talking.
How to Help Without Enabling
Enabling means making it easier for someone to keep using. It often looks like kindness in the moment. Common examples include covering for missed work, paying bills that keep the use going, lending cash without asking what it’s for, or making excuses to relatives and friends.
Stopping that funding does not mean cutting off love. You can keep offering basic care, such as a meal or a ride to a medical visit, while you stop covering for the use itself. Decide which costs you will no longer pay, and say so calmly, before the next crisis.
Consequences only work if you can follow through. Pick one you can actually enforce, such as not allowing use in your home. A consequence you won’t carry out teaches the person that limits are negotiable.
Family therapy can help with this. Partnership to End Addiction describes family therapy for addiction as relationship-focused communication, coached behavior changes, and constructive limits and boundaries.
Offer Support That Keeps the Door Open
Concrete help can make treatment feel possible. Offer to drive to a doctor’s appointment, look up assessment options together, or sit with them while they make a phone call. Let them choose the next step where you can.
Avoid taking over. Your role is to offer help, not to make decisions for them. When you take over, the person may stop owning the choice. Offer one specific option, then give them room to answer.
Look after your own health, too. Sleep, regular meals, and time away from the situation help you keep showing up. Relatives who run on empty have a harder time offering steady support later.
Many communities have support groups for relatives of people who use drugs or alcohol. Attending one can help you talk through fear and guilt with people who understand what you’re facing.

When to Consider a Planned Intervention
An intervention is a structured conversation in which family members share specific concerns and a clear next step is ready. It is one option among several, and it isn’t right for every family.
Planning matters. The family should agree on the facts they will share, what they hope the person will do, and what happens if the person says no. Without that plan, an intervention can turn into a heated argument.
Set realistic expectations. A person may not accept help the first time. Having a next step ready keeps the family from sliding back into the old pattern.
Treatment can also change over time. The ASAM Criteria support the general idea that addiction treatment should be individualized, and that treatment intensity may change with a person’s progress or worsening symptoms. That is a reason to keep the door open after a first no.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Medical Emergencies and Immediate Safety
Call 911 right away if your loved one is unresponsive, having trouble breathing, having a seizure, or having chest pain. Those signs need emergency medical care, not a family conversation.
Treat any talk of self-harm or suicide as urgent. Stay with the person if you can, and call 911 or go to the nearest emergency room. If someone is in danger from another person, call 911 as well.
Medical providers can check physical health, assess mental health, and talk through next steps. Emergency care comes first. Legal steps can come later, once the person is safe.
Keep important numbers ready. Store your loved one’s doctor and the nearest emergency room’s phone number where you can reach them quickly. Don’t wait for a crisis to look them up.
If a Loved One Still Refuses Help: The Marchman Act
When a loved one keeps refusing help, Florida’s Marchman Act may offer a court route. Florida’s substance abuse statutes state that this chapter is designed to provide for substance abuse services (Florida Statutes on substance abuse services).
Under Fla. Stat. § 397.675, the court looks for a good faith reason to believe the person is substance abuse impaired. The person must also have lost the power of self-control with respect to substance use. Additional criteria apply, such as an inability to appreciate the need for services or a real and present threat of harm.
For an adult, Fla. Stat. § 397.68112 lets a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment file a petition. The petition must set out the facts behind that belief. Fla. Stat. § 397.68141 says it may include a report from a qualified professional who examined the person within 30 days before filing.
In an emergency, the court can act faster. Fla. Stat. § 397.6818 allows an ex parte assessment and stabilization order. A service provider may not hold the person for more than 72 hours of observation unless specific exceptions apply. Under Fla. Stat. § 397.68151, the court schedules a hearing within 10 court working days unless a continuance is granted.
At the hearing, the court reviews all relevant evidence, including testimony from family members familiar with the person’s history. Fla. Stat. § 397.697 says the court may order involuntary treatment services for up to 90 days when the conditions are proved by clear and convincing evidence.
Whether a petition fits a given situation depends on the facts. Families sometimes ask about the Baker Act, which covers mental health crises. This page covers only the Marchman Act process.
Can a court force an addict into treatment in Florida?
Florida’s Marchman Act lets a court order involuntary treatment services when the required conditions are proved by clear and convincing evidence. The order can last up to 90 days.
Who can file a Marchman Act petition for an adult?
A spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment can file. The statute sets out the list.
Where is a Marchman Act petition filed in Miami-Dade?
A petition is filed in the county where the person is physically located.
Does refusing treatment alone meet the legal test?
No. Florida law says mere refusal to receive services does not, by itself, show a lack of judgment about the need for services.
Talk With Robinson Casey About Your Situation
Watching someone you love get worse while feeling unable to reach them is exhausting. You may be carrying fear, anger, and guilt all at once, and you didn’t choose this situation.
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible attorney, and our team supports families through each step.
Our first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4149 or use our contact page to talk through your situation.
How Robinson Casey Can Help
Focused Practice
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.
Confidential Conversations
Your first consultation is free, confidential, and carries no obligation to continue.
Support for Families
Our team works with families facing addiction, mental health crises, and the decisions that come with them.
Direct Access
Call (561) 849-4149 to talk through your situation and learn how the process may apply to your family.
Immediate Danger Comes First
If your loved one is in immediate danger or has threatened to harm themselves or others, call 911 right away. For legal questions about a Marchman Act petition, contact our office.
Ways Families Pursue Help
Start With Calm, Specific Talks
Choose a quiet moment, describe concrete behaviors rather than labels, and focus on how the person's choices affect the family.
Stop Covering the Consequences
Paying bills, making excuses, or cleaning up after use can make it harder for someone to see the problem. Setting clear boundaries can protect the whole household.
Marchman Act Petitions
Florida's Marchman Act allows families to ask a court to review whether a loved one needs assessment and treatment for substance use. Our office handles these petitions.
Guardianship Options
When a loved one cannot make safe decisions, guardianship matters can be considered. Robinson Casey focuses on emergency, limited, plenary, and mental health guardianship.
