Helping Your Family Act After an Overdose

Your Child Has Overdosed and Keeps Refusing Help: What You Are Facing

Florida’s Marchman Act lets a family ask a court to order assessment and treatment for an adult who refuses help. A Marchman Act attorney after overdose in Florida can explain how that works in your situation.

You may have already paid for treatment. You may have tried interventions and set limits you hoped would hold. Then came the call from the hospital, or news of another relapse. Now you fear the next overdose, jail, or your child living on the street. Some days you have lost hope that anything will work.

This page explains the Florida legal option. It does not promise any result. For the wider picture, see our Marchman Act attorney guide.

What the Marchman Act Is and Who It Is For

The Marchman Act is Florida’s civil court process for involuntary assessment and treatment of substance use.

The law says who may file. For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and treatment history (§ 397.68112). A parent is a relative, so a parent can file for an adult child.

The Marchman Act covers substance abuse impairment. This page covers only that side of a family crisis.

How an Overdose Fits Into a Marchman Act Petition

A person meets the criteria for involuntary admission when there is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder, and because of that they have lost the power of self-control about substance use (§ 397.675).

The statute adds a second test. The person must either need services and be unable to appreciate that need, or be likely to neglect themselves in a way that poses a real and present threat of substantial harm, and 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. Alternatively, there must be a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or is likely to inflict, physical harm on themselves or another. Mere refusal of services does not by itself show lack of judgment (§ 397.675).

Timing matters too. A petition may rely on the person reasonably appearing to meet the criteria for involuntary admission, on protective custody or an emergency admission within the previous 10 days, or on an assessment by a qualified professional within 30 days (§ 397.68111). The judge decides whether the criteria are met. The outcome depends on the facts.

What a Marchman Act Attorney Handles for the Family

Our team also helps families organize records, dates, and notes about what happened.

Typical work includes:

• Reviewing the family’s situation and the person’s treatment history
• Finding the facts and records that support the petition
• Drafting the petition with the required contents
• Preparing the petitioner for court and communicating with the court for the family

The person named in a petition has a right to counsel at every stage, which they may waive if they are present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A respondent who wants a lawyer and cannot afford private counsel has the right to court-appointed counsel, and if the court believes the respondent needs or wants a lawyer, the court shall appoint one without regard to the respondent’s wishes (§ 397.681). Our guide on a respondent who does not appear covers those steps.

If the Marchman Act does not resolve your concern, the firm also handles guardianship matters, including emergency temporary, limited, and plenary guardianship, and mental health guardianship.

How the Marchman Act Process Works, Step by Step

The process moves from a consultation to a petition, a hearing, and a time-limited order.

1. Initial talk. You describe the overdose, the refusals, and what you hope the court can do.
2. Gather the record. Hospital notes, treatment history, and documented incidents support the petition. A qualified professional’s assessment within 30 days can be attached (§ 397.68141).
3. File the petition. File with the clerk in the county where the person is located. Filing in the wrong county is a venue defect, not a loss of jurisdiction, and the remedy is transfer (J.P. v. J.N.).
4. Hearing. The court schedules a hearing within 10 court working days unless a continuance is granted (§ 397.68151). The respondent generally must attend, and testimony is taken under oath (§ 397.6957). The petitioner carries the burden of proof. A Fifth District case held that a court may not question the professional for an absent petitioner (C.W.R.K.).
5. Order and follow-through. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (§ 397.697). A renewal petition must be filed before that period ends (§ 397.6975). Early release is possible when the grounds no longer exist (§ 397.6971).

Who Can File, Cost, and Other Common Questions

A parent can file a Marchman Act petition for an adult child because “any relative” may file under Florida law. A lawyer can check whether the facts fit the statute.

Our first consultation is free, confidential, and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso). The clerk may not charge a fee to file the petition (§ 397.681).

Richard J. Casey III, Esq. is the responsible lawyer for this page. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters.

Why Families Work With Robinson Casey on Marchman Act Matters

The firm concentrates on these matters and explains each step in plain language.

Richard J. Casey III, Esq. is responsible for this page. The firm has support staff who help families organize documents and court dates. Our team focuses on getting the facts in order so the court sees the full picture.

Frequently Asked Questions About a Marchman Act Attorney After Overdose in Florida

Talk With Robinson Casey About Your Child’s Situation

If you have watched an overdose, a hospital stay, and another refusal of help, you do not have to work out the legal path alone. Call (561) 849-4700 or request a consultation.