Worried About a Loved One's Addiction?

Knowing how to make someone go to rehab starts with knowing which steps come first. In Florida, a family member may be able to ask a court for involuntary treatment under the Marchman Act. A judge then decides whether the legal criteria are met. This page walks through your options in order, from conversation to court. It is general information, not legal advice.

Where You Are Right Now

You are likely worried, tired, and unsure what to do first. That feeling makes sense when someone you love is struggling and won’t accept help.

You may be searching on someone else’s behalf. The situation may be one you did not choose, and it may feel urgent. You don’t have to solve every part of it today.

Doing nothing and doing everything are not your only choices. Start by writing down what you have seen, when it happened, and what you have already tried. Those notes will help you think clearly.

This page explains how the process works in general terms. It does not predict what will happen in your case. If you want the broader picture first, read our Marchman Act overview.

Why Someone May Refuse Treatment

A person may refuse help because they don’t see a problem, fear what treatment means, or depend on the substance they use. Substance use can also change how a person judges their own needs.

Florida’s involuntary admission criteria recognize that a person may lose the power of self-control with respect to substance use. The same statute says that mere refusal to receive services does not, by itself, count as evidence of impaired judgment. Under Fla. Stat. § 397.675, there must be good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder, and, because of that impairment or disorder, the person must have lost the power of self-control with respect to substance abuse, and must also either be in need of substance abuse services with judgment so impaired that they cannot appreciate their need for services and make a rational decision about it, or meet paragraph (b): “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” A refusal alone does not prove the criteria are met.

Watching someone refuse help can leave you feeling guilty or responsible. Their choice to refuse is theirs. You cannot control their choices, but you can control your next step. Give yourself time to gather facts before you act.

Approaches That Do Not Require a Court

A court is not the only path, and it is not always the first step. Most of the early work happens through conversation, boundaries, and professional guidance.

Focus on specifics. Describe what you have noticed, such as missed work or an unsafe drive, rather than using labels. Calm talks at a quiet time are often easier to hear than talks held in the middle of a fight.

Set limits you can keep. One boundary is to stop covering up consequences or handing over money that pays for substances. Results vary, and a boundary may not change the person’s choices. It can still protect your household.

Talk with a licensed treatment or medical professional. A clinician can review the person’s health needs and explain possible next steps. Bring a written list of your questions.

Voluntary treatment is a separate path. A person who wants treatment may apply to a service provider for voluntary admission, as Florida’s voluntary admission statute describes. Family counseling and support can also help you cope. Discuss which options fit your situation with a qualified professional.

When a Court Process May Be Considered

The Marchman Act, in Chapter 397 of the Florida Statutes, lets a court consider involuntary treatment for certain people with substance use problems. It sets out criteria and procedures. Other requirements may also apply, and the court decides.

For an adult, § 397.68112 says a petition may be filed by the respondent’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 apply, and the court decides how a petition is handled.

The criteria appear in § 397.675. They include a good-faith reason to believe the person is impaired and has lost self-control.

Involuntary treatment is not automatic. Filing a petition does not mean the court will order treatment. The judge reviews the evidence and decides based on the statute and the court’s discretion.

What a Marchman Act Petition Involves

A petition is a written request that asks a judge to consider involuntary treatment. Under § 397.681, it must be filed with the clerk of the court in the county where the person is located. The respondent also has a right to counsel at every stage of the proceeding, however the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily.

Under § 397.681, the alleged impaired person is named as the respondent. The petition’s required contents are listed in § 397.68141: the name of the respondent, the name of the petitioner, their relationship, the respondent’s attorney if known, and the factual allegations establishing the need for services. § 397.68141 lists these items. It may include a report from a qualified professional who examined the person within 30 days before filing.

The statute says the court shall schedule a hearing within 10 court working days unless a continuance is granted, per § 397.68151. Actual timing depends on the court’s calendar and discretion.

The person’s attorney has access to the person, witnesses, and records relevant to the presentation of the person’s case, under § 397.68151. The court’s duty to hear relevant evidence, including testimony from family members, is in § 397.6957. Testimony is taken under oath, under § 397.6957. In an emergency, the court may rely on the petition alone to enter an ex parte order for the person’s involuntary assessment and stabilization while the treatment hearing is pending, under § 397.6818. Whether it does so is up to the court.

What This Page Cannot Promise

No approach can promise that a person will agree to treatment or that a court will enter any particular order. Each case depends on its facts, the person’s circumstances, and the court’s discretion.

Court orders have limits. If the court finds the conditions proved by clear and convincing evidence, it may order the respondent to receive treatment from a publicly funded licensed service provider for a period not to exceed 90 days, under § 397.697. The court may also decide otherwise.

Talk With Robinson Casey About Your Situation

If you’re caught between wanting to help and not knowing how, a short conversation can help you see your options. The person you love may refuse help while you are the one deciding what comes next. You don’t have to work through that alone.

Richard J. Casey III, Esq., is the responsible lawyer at Robinson Casey, a Florida law firm that focuses on Marchman Act and guardianship matters. The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or visit our contact page.

This page is general information, not legal advice. It does not promise any result, and general information does not predict how a court will rule in your case.