When Your Loved One Refuses Treatment

Marchman Act for Family Members: When a Loved One Refuses Treatment in Florida

When someone you love is trapped in addiction and refuses help, you face an impossible choice: watch them spiral, or find a legal way to intervene. In Florida, the Marchman Act gives family members a civil court process to petition for involuntary assessment and treatment when a loved one’s substance abuse poses a danger to themselves or others. This page explains what the Marchman Act is, who can file it, what the process looks like, and what you can realistically expect.

Understanding the Marchman Act: What It Is and Why Families Use It

The Marchman Act is a Florida statute that allows family members and other authorized persons to petition a court for involuntary assessment and treatment of someone with a substance abuse disorder who refuses help.

Codified in Florida Statutes Chapter 397, the Marchman Act is a civil proceeding—not a criminal one—focused on treatment access, not punishment. It recognizes that substance use disorder is a medical condition requiring evidence-based care, and that involuntary commitment can be appropriate when someone refuses voluntary treatment and their addiction endangers them or others.

The law applies to alcohol and drug addiction. It is distinct from the Baker Act, which addresses mental health crises. While the two laws sometimes overlap in cases of co-occurring disorders, the Marchman Act is the tool for substance abuse specifically.

Families typically turn to the Marchman Act when:

• A loved one has repeatedly refused voluntary treatment despite family intervention
• Their substance use is causing immediate danger (driving under the influence, violence, self-harm, neglect of medical needs)
• Their health, job, relationships, and safety are deteriorating rapidly
• They deny the addiction problem despite overwhelming evidence
• Other approaches—counseling, support groups, professional intervention—have not worked

The Marchman Act is not a first step. It is a legal tool of last resort, used when the situation has become urgent and voluntary options have been exhausted.

Who Can File a Marchman Act Petition in Florida

You do not need to be a lawyer to file a Marchman Act petition, but understanding who is legally authorized to file is the first step.

Eligible petitioners include:

• Immediate family members: spouse, parent, adult child, or sibling
• Healthcare providers currently treating the person
• Law enforcement officers who have encountered the person
• State attorneys
• Guardians or custodians of the person
• Treatment center representatives in some circumstances

In practice, many families work with an attorney to ensure the petition is properly drafted, the affidavit contains sufficient evidence, and the case is presented effectively to the court. An attorney can also advise on timing and help gather documentation that strengthens the petition.

When a Loved One Refuses Treatment: Signs That the Marchman Act May Be Necessary

Not every refusal of treatment warrants a Marchman Act petition. The law requires clear evidence of substance abuse and danger. Courts take these petitions seriously and will deny them if the evidence is vague or unsupported.

A Marchman Act petition may be appropriate when:

• The person has refused voluntary treatment multiple times
• Their substance use is causing immediate, documented danger (accidents, overdose risk, violence, inability to care for themselves)
• There is a pattern of deterioration: job loss, legal problems, health crises, family breakdown
• The person’s judgment is impaired by addiction, making them unable or unwilling to recognize the problem
• Other interventions have failed, and waiting poses an unacceptable risk

Before filing, most families explore alternatives: voluntary treatment programs, professional intervention services, family counseling, and support groups like Al-Anon or Nar-Anon. These remain valuable even if you ultimately pursue the Marchman Act, as they help build the record of the person’s refusal and the family’s efforts.

The Marchman Act Petition Process: What to Expect

The Marchman Act process moves quickly, especially when danger is documented. Here’s what happens at each stage:

Step 1: Petition Filed
You or your attorney file a petition with the court in the county where the person resides. The petition describes the person’s substance abuse, the danger it poses, and their refusal of treatment.

Step 2: Affidavit Submitted
An affidavit (a sworn statement) accompanies the petition. It contains specific facts: dates of substance use, incidents of danger, prior treatment refusals, and how the addiction is affecting the person’s health and safety. Vague allegations will not be enough.

Step 3: Ex Parte Hearing (if danger is imminent)
If the court finds that immediate danger exists, a judge may hold an ex parte hearing—one where the person is not present. The judge may order an immediate assessment based on the evidence presented by the petitioner. This can happen within hours or days if the danger is clear.

Step 4: Full Hearing (within 5 business days)
The person has the right to a full hearing where they can respond to the petition, present their own evidence, and contest the allegations. Both sides present their case to the judge.

Step 5: Court Order
The judge decides whether to order assessment, short-term treatment, or extended treatment based on the evidence. The judge must find clear and convincing evidence of substance abuse and danger.

The entire process can unfold over days or weeks, depending on the urgency and the court’s schedule. In South Florida, where courts handle high volumes of Marchman Act petitions, the process is often streamlined.

How Long Can Someone Be Held on a Marchman Act Order in Florida

The duration of a Marchman Act order depends on the clinical findings and the court’s determination.

• Initial assessment: Up to 5 days for evaluation at an assessment facility
• Short-term treatment: Up to 60 days if the court finds substance abuse and danger
• Extended treatment: Up to 6 months if the person continues to meet criteria for treatment and clinical need is documented

The person has the right to request a hearing to challenge the order at any point. Treatment duration is not determined by family preference or convenience—it is based on clinical assessment and court findings.

What Is Rachel’s Law in Florida

Rachel’s Law (Florida Statutes § 397.6771) expands Marchman Act protections specifically for opioid use disorder.

Named after a young woman who died of an opioid overdose, Rachel’s Law recognizes the severity of the opioid crisis and provides expedited court procedures for emergency assessment and treatment when imminent danger from opioid use is present. The petition process is the same, but the timeline is accelerated, and the law acknowledges the particular deadliness of opioid addiction.

If your loved one is struggling with opioid addiction, Rachel’s Law may allow faster court intervention than the standard Marchman Act process.

Alternatives to the Marchman Act: Other Options Families Should Know

Before or alongside a Marchman Act petition, families often explore other paths:

• Voluntary treatment programs: Still the preferred option if the person will agree. Many people enter treatment when family pressure and professional intervention align.
• Professional intervention: A trained interventionist can facilitate a structured family conversation designed to motivate the person toward treatment.
• Baker Act: Used for mental health crises, not addiction alone. However, if the person is experiencing a mental health emergency alongside substance abuse, the Baker Act may apply.
• Family support groups: Al-Anon, Nar-Anon, and similar groups provide emotional support and practical tools for families of people with addiction.
• Counseling and therapy: Family counseling can help improve communication and set boundaries.

The Marchman Act is a legal tool that opens the door to treatment. It is not a substitute for treatment itself. Many people who are ordered into treatment through the Marchman Act go on to engage meaningfully in recovery once they access care.

Who Pays for Marchman Act Treatment in Florida

Cost is a real concern for families considering the Marchman Act. Here’s how payment typically works:

• The person is responsible if they have income or assets
• Insurance may cover treatment costs if the facility is in-network
• The county may cover costs under Florida’s public health system if the person cannot pay
• Treatment facilities often offer sliding-scale fees or payment plans

Cost should not prevent you from filing a petition if danger is present. The court does not require proof of ability to pay before ordering assessment or treatment.

Can a Marchman Act Petition Be Denied by the Court

Yes. The judge must find clear and convincing evidence of substance abuse and danger. If the evidence is weak, vague, or unsupported, the petition will be denied.

Common reasons petitions are denied:

• Insufficient documentation of substance abuse
• Lack of specific evidence of danger or imminent risk
• The person’s refusal of treatment alone is not enough—there must be evidence of harm or danger
• Procedural errors in filing or presenting the case

If a petition is denied, you may file again if new circumstances or evidence emerge. Working with an attorney increases the likelihood that your petition is properly documented and presented effectively to the judge.

What Happens After the Marchman Act Order Is Issued

Once the court issues an order, the process moves into the treatment phase:

• Transport to assessment facility: The person is transported (usually within 24 hours) to a designated assessment facility.
• Medical evaluation: A team evaluates the person’s substance abuse, medical history, mental health, and treatment needs.
• Treatment plan: Based on the evaluation, a treatment plan is developed.
• Placement or discharge: The person may be discharged early if they no longer meet criteria, or transferred to a residential or outpatient treatment program.
• Family involvement: Many treatment facilities encourage family participation in aftercare planning and support.

Getting Legal Help With a Marchman Act Petition

An attorney can help you navigate each stage of the Marchman Act process:

• Drafting the petition: Ensuring it contains sufficient legal and factual detail
• Gathering evidence: Collecting documentation, medical records, and witness statements that support your case
• Presenting to the judge: Advocating effectively at the ex parte and full hearings
• Advising on timing and procedure: Helping you avoid procedural errors that could result in denial

Many families file Marchman Act petitions without an attorney. However, errors in procedure or insufficient evidence can result in denial, delaying access to treatment and requiring you to refile.

FAQ

Next Steps: You Don’t Have to Navigate This Alone

If you’re in the middle of a situation where someone you love is struggling with addiction and refusing help, you’re facing an emotionally exhausting decision. Whether you’re just beginning to consider your options or you’re ready to move forward with a petition, Robinson & Casey can help you understand the Marchman Act process and guide you through each step.

Families across South Florida and throughout Florida reach out regularly with these same concerns. Contact us for a consultation to discuss your situation and learn how we can help.