{"id":11662,"date":"2026-10-22T09:46:30","date_gmt":"2026-10-22T09:46:30","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-elderly-parent-florida\/"},"modified":"2026-10-27T14:41:08","modified_gmt":"2026-10-27T14:41:08","slug":"marchman-act-elderly-parent-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-elderly-parent-florida\/","title":{"rendered":"Marchman Act for Elderly Parent in Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade & South Florida<\/p>

Helping Your Aging Parent Get the Protection They Need<\/h1>

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is responsible for this page.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 22, 2026<\/p>\n\n

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Florida’s Marchman Act lets a family ask a court to order treatment for an adult who has lost control over alcohol, prescription drugs, or illegal drugs and will not get help on their own. The adult rules apply to any adult, so a parent’s age does not remove this option. This guide explains how the process works for an older parent, what your family contributes, and what to expect.<\/p>\n

What the Marchman Act covers for an older adult<\/h2>\n

The Marchman Act is Florida’s court route for involuntary treatment of an adult whose substance use causes serious harm. Under Florida’s involuntary admission criteria<\/a>, a court looks for a good-faith reason to believe the person is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder), has lost the power of self-control over that use, and either needs services but has judgment so impaired that they cannot appreciate that need or make a rational decision about it, or, without care, faces a real and present threat of substantial harm from neglect that willing, able, and responsible family members or friends or other services cannot apparently prevent, or has inflicted, threatened or attempted to inflict, or is likely to inflict physical harm on themselves or others.<\/p>\n

The goal is services in the least restrictive setting that still protects people’s rights, as stated in Chapter 397’s purpose section<\/a>.<\/p>\n

Section 397.305 states the Legislature’s intent to provide an alternative to criminal imprisonment for substance abuse impaired adults and juvenile offenders; it does not set separate petition rules for adult and minor respondents. Florida’s petition rules for adults<\/a> apply to an older parent who is an adult.<\/p>\n

Robinson Casey focuses on Marchman Act petitions and guardianship matters.<\/p>\n\n

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If your parent's drinking or drug use is hurting their health and they refuse help, reach out to Robinson Casey to talk through your options under the Marchman Act. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Signs that may point toward a petition for a parent<\/h2>\n

A petition may make sense when a parent’s substance use causes serious harm and the parent refuses help. Families often describe a pattern rather than one event.<\/p>\n