How to Get Someone to Go to Rehab: Florida Options

If you’re wondering how to get someone to go to rehab, start with an honest, caring conversation. If that doesn’t work and the situation is serious, Florida law may offer a court process under the Marchman Act. This page walks through both paths in plain language. It is general information, not legal advice, and every case depends on its facts.

What It Means to Get Someone to Go to Rehab

Getting someone to go to rehab means helping an adult with a substance use problem choose treatment. There are two broad paths: a voluntary one and a court one.

The voluntary path. The person decides to get help. Florida law lets a person apply to a service provider for voluntary admission. The provider must emphasize the least restrictive setting that fits the person’s needs.

The court path. A court may order involuntary treatment, but only when the statute’s criteria are met. The test requires a 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 person must also have lost the power of self-control and meet one more listed condition. Other requirements may also apply, and the court decides.

You may feel fear, anger, or exhaustion right now. You didn’t choose this situation. Wanting to protect your loved one is a reasonable place to begin.

Start With a Compassionate, Honest Conversation

A calm, private talk about specific worries is a good first step. Keep these points in mind.

• Pick a calm moment. Avoid crises, holidays, and group settings where the person may feel cornered.
• Use “I” statements. Try “I’m worried when you don’t come home” instead of “You always lie.”
• Share specific examples. Dates, events, and effects on work, health, or money are harder to dismiss than labels.
• Skip the lecture. Say your concern once, then listen.
• Expect that one talk may not settle it. A first conversation may not produce agreement. Plan to return to the topic when you both feel calmer.

Write your main points down before you talk. It helps you stay focused when emotions rise.

Set Boundaries and Protect Your Own Well-Being

A boundary is something you will do. An ultimatum is something you hope the other person will do.

Boundaries protect your home, your money, and your health. Examples include not lending money, not paying bills tied to substance use, and not covering for missed work. Choose limits that fit your situation.

Only set a boundary you can keep. An empty threat weakens your credibility and leaves you more stressed. Boundaries also don’t control another adult. They describe what you will change in your own life.

Protect your own well-being too. Sleep, eat, and take breaks when you need them. Lean on people you trust, and keep your daily routine as steady as you can.

Can You Make Someone Go to Rehab in Florida?

Florida allows a court to order involuntary treatment only under the conditions of the Marchman Act, and the court makes the decision. The Marchman Act covers involuntary assessment and treatment for substance abuse impairment. Fla. Stat. § 397.675 sets out criteria for involuntary admission, and other requirements may also apply.

Who may file. For an adult, the statute says a petition may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. Other requirements may also apply, and the court decides.

What the petition must say. It must name the person and the petitioner, state their relationship, and list the facts behind the request. Fla. Stat. § 397.68141 A report from a qualified professional who examined the person within 30 days before filing may accompany it.

Timing. The statute lists several conditions under which a person may be the subject of a petition. One is an assessment by a qualified professional within 30 days. Hearing dates and any order depend on the court’s schedule and discretion.

What the Court Process Can Involve

A Marchman Act case may move through filing, notice, assessment, and a hearing. The court controls the schedule.

• Filing. The petition goes to the clerk of court in the county where the person is located. The clerk may not charge a filing fee.
• Emergencies. The court decides whether an order is warranted based on the petition facts and the statutory criteria. Fla. Stat. § 397.6815 addresses ex parte assessment orders; whether the court issues one is decided by the court in its discretion, and other requirements may also apply.
• Hearing. Under the Marchman Act, the timing for scheduling a hearing is set by the statute, but the actual date depends on the court’s schedule and discretion, and other requirements may also apply.
• Assessment. The statute says a person may not be ordered into involuntary treatment without a clinical assessment. The exception is when the person is present and expressly waives it.
• Outcome. The Marchman Act addresses the standard of proof and the length of any treatment order, but the court decides these matters based on the evidence presented and its discretion, other requirements may also apply, and any order depends on the circumstances of each case.

Questions to Bring to a Consultation

Bring facts, dates, and records to your first meeting. Clear details help the lawyer understand your situation.

• Specific behaviors and dates, written down.
• Effects on health, safety, work, and money.
• Past treatment attempts and what happened.
• Medical or mental health records you already have.
• Other family members involved, and any existing guardianship or financial arrangements.
• Questions about your options, what timing may depend on, and what costs may apply.

The first consultation is free, confidential, and carries no obligation to continue. Bring this list so you can use your time well.

Why Work With Robinson Casey

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters.

The practice handles:

• Marchman Act petitions and involuntary commitment for addiction
• Guardianship, including emergency temporary, plenary, limited, and mental health guardianship

Richard J. Casey III, Esq. is the responsible lawyer for this page. The practice’s support staff assist with office work. Results depend on the court, the evidence, and the facts of each case, and no firm can predict them.

Frequently Asked Questions