Marchman Act Co-Occurring Disorder in Florida: A Family Guide

When a loved one has both a substance use disorder and a mental health condition, the Marchman Act covers the substance use side. The Baker Act may cover the psychiatric side. Florida treats these as two separate laws, each with its own petition and rules. This guide explains how they differ and how a Marchman Act petition moves through court.

Robinson Casey limits practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

What Co-Occurring Addiction and Mental Illness Means Under Florida Law

A co-occurring case is one where a substance use disorder and a mental health disorder exist in the same person at the same time. Florida’s involuntary admission criteria use this same idea. Under § 397.675, a person may meet the criteria if there is good faith reason to believe the person has both conditions and, because of them, has lost the power of self-control with respect to substance abuse and also either has judgment so impaired that he or she cannot appreciate the need for services, or faces a real threat of substantial harm from neglect or a likelihood of physical harm to self or others.

State involuntary treatment laws for substance use have grown, though they are still used on a limited basis, according to an addiction treatment review.

This page is for family members. You may be a parent, spouse, adult child, or sibling. Your loved one’s drinking or drug use and mood or thinking symptoms may seem tied together. You may not know which law fits.

How the Marchman Act and the Baker Act Fit Together

The Marchman Act covers involuntary assessment and treatment for substance abuse impairment. The Baker Act covers involuntary examination for mental illness. Each law has its own criteria and steps.

A Marchman petition asks the court to find that the person is substance abuse impaired and has lost self-control, and it must give the reason the petitioner believes the person has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders involuntary services, or that the person’s refusal of care is based on judgment so impaired that the person cannot appreciate the need for care. A Baker Act examination starts when there is reason to believe the person has a mental illness and meets the statute’s criteria, under § 394.463.

The two often overlap. Substance use can make psychiatric symptoms harder to read. Psychiatric symptoms can also push a person toward using.

Which statute comes first, or whether both are used, depends on the facts. For the general framework, read our Marchman Act attorney guide.

What a Marchman Act Petition Covers in a Co-Occurring Case

The petition names the respondent and the petitioner. It states their relationship and lists the respondent’s attorney if known, under § 397.68141.

The facts must show why the petitioner believes the person is impaired and has lost self-control. They must also show a risk of harm to self or others, or refusal of care caused by impaired judgment.

In a co-occurring case, psychiatric history matters. A petition may include a report from a qualified professional who examined the person within 30 days before filing. If the person was never assessed or refused, the petition must say so.

Start a dated list of incidents now. Collect prior evaluations and treatment records the family can lawfully get.

Guardianship is a separate track. If a loved one cannot make safe personal or financial decisions, a petition to determine incapacity may be needed. It must be verified and must state the facts behind the belief, under § 744.3201.

How the Process Typically Moves, Step by Step

A Marchman case moves from consultation to filing, a hearing, and a court order. Each stage has set rules.

1. Consultation. We review the facts, your loved one’s current condition, and which statute may apply.
2. Records. We build a timeline and gather treatment and psychiatric history.
3. Sequencing. We plan how the Marchman petition and any Baker Act steps fit with the treating providers.
4. Filing. The petition goes to the clerk in the county where the person is located. The clerk may not charge a fee to file it, under § 397.681.
5. Hearing. The court schedules the hearing within 10 court working days unless a continuance is granted, under § 397.68151. A Florida appeals court has held that a Marchman respondent has a constitutional right to counsel, in Hillsborough County v. Albrechta.
6. Order. If the conditions are proved, the court may order treatment for up to 90 days, under § 397.697. Early release is possible when the conditions no longer exist, under § 397.6971.

In an emergency, the court may enter an ex parte order for assessment without first appointing an attorney. A provider may hold the person for no more than 72 hours of observation, unless a listed exception applies, under § 397.6818.

Timelines vary with the facts and the court’s calendar.

Why Families Bring This Matter to Robinson Casey

Robinson Casey limits practice to Marchman Act petitions and guardianship matters.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team supports families through the paperwork, the records, and the timeline.

The firm serves families across South Florida and statewide. The approach is to review the substance use and psychiatric facts together, so families hear one coordinated plan.

The first consultation is free, confidential, and carries no obligation to continue.

Questions Families Ask About Co-Occurring Cases

Here are short answers to the questions families ask most often.

Talk Through Your Loved One’s Situation With Robinson Casey

If your loved one’s drinking or drug use and psychiatric symptoms are both getting worse, and you can’t tell which law to act on first, you don’t have to sort it out alone. Call (561) 849-4700 or send a request through our contact page, and we’ll walk through the facts with you.