Marchman Act Help for Families Facing Mental Illness and Drug Use

Your loved one keeps coming home from the hospital, refuses care, and puts themselves or others at risk. You want a lawful way to step in. In Florida, the Marchman Act can bring an adult into court-ordered assessment and treatment when substance use, alone or with a mental illness, leaves them unable to protect themselves. This page explains who can file, what the law requires, and what to expect.

What the Marchman Act Is and Who It Is For

The Marchman Act is Florida’s court process for adults severely impaired by substance use.

It also reaches adults with a substance use disorder and a co-occurring mental health disorder. Under Fla. Stat. § 397.675, the court asks whether the person has lost self-control over substance use.

Family members can start the process. Under Fla. Stat. § 397.68112, a petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. A parent, sibling or adult child can file.

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

Legal Grounds: Substance Use and Psychiatric Crisis

A judge can order involuntary treatment only when the statutory criteria are proved. For a deeper look, read the Marchman Act grounds guide.

The core grounds are:

• Lost self-control: the petitioner has a good faith reason to believe the person is substance abuse impaired and has lost self-control about substance use.
• Impaired judgment: the person needs services and cannot appreciate that need or make a rational decision about it. Refusing services alone is not evidence of lack of judgment.
• Neglect or harm: without care, the person is 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 other services. Or there is a substantial likelihood of physical harm to self or others.

These grounds come from Fla. Stat. § 397.675.

Families often describe a loved one who stops medication after discharge or cycles through emergency admissions. A petition can be filed for a person who reasonably appears to meet the criteria for involuntary admission, or who was placed under protective custody or had an emergency admission within the previous 10 days, or who was assessed by a qualified professional within 30 days (Fla. Stat. § 397.68111).

The judge decides whether the criteria are met. Each case turns on its own facts.

What Our Marchman Act Attorneys Handle

Our Marchman Act attorneys handle the petition from first review through the hearing. Our team also helps families gather the facts the statute asks for.

Core work includes:

• Reviewing the family’s concerns, history and prior treatment.
• Drafting the petition, which must name both parties, their relationship, and the factual reasons for the request (Fla. Stat. § 397.68141).
• Noting any assessment within 30 days, or any refusal to be assessed.
• Filing with the clerk in the county where the person is located. The clerk may not charge a filing fee (Fla. Stat. § 397.681).
• Asking for an emergency order when facts show immediate danger (Fla. Stat. § 397.6818).

Venue matters. Under Fla. Stat. § 397.681(1), a Marchman Act petition is filed in the county where the person is located. The petition belongs where the person is physically located when filed.

The firm also handles guardianship matters, including emergency temporary guardianship and limited guardianship. Those cover ongoing decision-making needs. The court’s findings decide the outcome of any petition.

How the Process Works, Step by Step

The process moves in statutory steps, from petition to hearing to a time-limited order. Here is the path, in order.

1. Free first consultation. The first consultation is free, confidential, and carries no obligation to continue. We review the history, documents and immediate safety concerns.
2. Petition and filing. The petition goes to the clerk in the county where the person is located.
3. Summons and service. The clerk issues a summons. Unless a circuit court’s chief judge authorizes disinterested private process servers, the clerk submits the summons to a law enforcement agency within 6 hours after it is issued (Fla. Stat. § 397.68151).
4. Hearing date. The court schedules a hearing within 10 court working days, unless a continuance is granted.
5. Emergency hold. A service provider may hold the person for no more than 72 hours of observation, unless a listed exception applies (Fla. Stat. § 397.6818).
6. Hearing. Testimony is under oath, and family members who know the history can testify. The court must find the conditions proved by clear and convincing evidence (Fla. Stat. § 397.697).
7. Treatment order. An order can require treatment for up to 90 days.
8. At the end of the 90-day period, the person is discharged automatically unless a motion to renew the order has been filed with the court (Fla. Stat. § 397.6977).

Timing depends on the court calendar and the facts. Start gathering hospital discharge papers, a medication list, dates of past crises and the names of treating providers.

Marchman Act or Baker Act? Common Misconceptions

The Marchman Act addresses substance use, with or without a co-occurring mental health disorder. The Baker Act is a separate Florida process, and this page covers only the Marchman Act.

• “The person must be in immediate danger.” The grounds also cover impaired judgment and neglect that poses a real and present threat of substantial harm.
• “This is a criminal case.” The process starts with a petition filed with the clerk of the court. A judge decides it at a hearing.

Why Families Work With Robinson Casey

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. That focus keeps the work centered on these two areas.

Richard J. Casey III, Esq. is responsible for this page. The practice’s support staff handle intake, document organization and scheduling. That way you know what happens next.

Service areas include Miami-Dade, South Florida and statewide.

Frequently Asked Questions