{"id":11700,"date":"2026-10-23T00:33:01","date_gmt":"2026-10-23T00:33:01","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-respondent-rights-florida\/"},"modified":"2026-10-30T02:40:25","modified_gmt":"2026-10-30T02:40:25","slug":"marchman-act-respondent-rights-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-respondent-rights-florida\/","title":{"rendered":"Marchman Act Respondent Rights in Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act Respondents | South Florida<\/p>

Facing a Marchman Act Petition? Understand Your Rights and Your Options<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida and across Florida. Your first consultation is free, confidential, and carries no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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Getting Started<\/h2>\n

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Free<\/h3>

First consultation<\/p><\/div>

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Confidential<\/h3>

Your conversation stays private<\/p><\/div>

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Statewide<\/h3>

Serving South Florida and Florida families<\/p><\/div><\/div>\n\n<\/div>\n\n\n

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

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Marchman Act Respondent Rights in Florida<\/h2>\n

If you’ve been named in a Marchman Act petition in Florida, you have clear legal rights. You have the right to notice, to a lawyer, to be present at the hearing, and to have the evidence heard. Robinson Casey focuses on Marchman Act and guardianship matters. This guide explains each right in plain words, along with the timeline and what the court may order.<\/p>\n\n

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If you just received Marchman Act papers and the hearing date is close, our team can review your rights with you. Call (561) 849-4149 or request a consultation today. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
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What a Marchman Act Petition Is and Who It Names<\/h2>\n

A Marchman Act petition asks a Florida court to order involuntary assessment or treatment for a person with a substance use problem. Under Fla. Stat. \u00a7 397.681<\/a>, petitions for involuntary treatment of substance abuse impaired persons must be filed with the clerk of the court in the county where the person is located, and the clerk may not charge a fee for filing them.<\/p>\n

The courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons. The petition must show a good faith reason to believe the person is impaired (see \u00a7 397.675<\/a>). The alleged impaired person is named as the respondent. Involuntary admission also requires that the person has lost the power of self-control with respect to substance abuse (see \u00a7 397.675<\/a>). Fla. Stat. \u00a7 397.675<\/a> sets out these criteria.<\/p>\n

A petition for an adult may be filed by a spouse, a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. Fla. Stat. \u00a7 397.68112<\/a> lists these petitioners.<\/p>\n

The petition must be filed with the clerk in the county where the person is located. The clerk may not charge a filing fee. The person named is called the respondent. Fla. Stat. \u00a7 397.681<\/a> covers these rules.<\/p>\n

This page is for the respondent. It is also for the spouse, adult child, or parent who has just learned that a petition was filed. The case is a court proceeding that can affect the respondent’s liberty and treatment.<\/p>\n

Your Core Rights When You Are the Person Named<\/h2>\n

Each one has a basis in Chapter 397.<\/p>\n