{"id":11842,"date":"2026-10-23T10:19:53","date_gmt":"2026-10-23T10:19:53","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-grandparents-siblings-florida\/"},"modified":"2026-10-27T14:40:47","modified_gmt":"2026-10-27T14:40:47","slug":"marchman-act-grandparents-siblings-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-grandparents-siblings-florida\/","title":{"rendered":"Marchman Act Attorney in Florida: Can a Grandparent File?"},"content":{"rendered":"\n
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Marchman Act Attorney | Miami-Dade & South Florida<\/p>

Can a Grandparent File a Marchman Act Petition?<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Get your questions answered in a free, confidential first consultation with no obligation to continue.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 23, 2026<\/p>\n\n

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Yes, for an adult, Florida law lets a grandparent or sibling file a Marchman Act petition. The statute names “any relative” as a permitted petitioner. For a minor, the list is narrower. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, and this page explains how a relative can start the process.<\/p>\n

Can a Grandparent or Sibling File a Marchman Act Petition in Florida?<\/h2>\n

Yes, when the person needing help is an adult. Fla. Stat. \u00a7 397.68112<\/a> says a petition for involuntary treatment may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior treatment. A grandparent or sibling fits within “any relative.”<\/p>\n

The statute asks who may file, not who the family hopes will act. Whether a particular family’s facts meet those requirements depends on the facts of their situation, which is why a consultation helps.<\/p>\n

Robinson Casey focuses on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible attorney for this page.<\/p>\n\n

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If a brother, sister, or other adult relative's drinking or drug use keeps getting worse, you don't have to sort out the law alone. Call (561) 849-4149 to talk through whether you can file. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What the Marchman Act Does and Who It Addresses<\/h2>\n

The Marchman Act is Florida’s civil process for assessing, stabilizing, and treating a person whose substance use impairs them. It can apply when that person cannot or will not seek help on their own. Voluntary treatment starts with the person’s own agreement. An involuntary process starts with a petition and runs through a court.<\/p>\n

Florida courts hear involuntary treatment petitions for people who are substance abuse impaired, and the petition is filed with the clerk of court in the county where the person is located. The person must also have lost the power of self-control over substance use. Under \u00a7 397.68141(1)(c)<\/a>, the petition 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 services. Or it must give the reason the petitioner believes the person’s refusal of care rests on judgment so impaired by substance abuse that the person cannot appreciate the need for care or make a rational decision about it.<\/p>\n

Each concern needs specific facts behind it. For more background, read the involuntary commitment guide<\/a>.<\/p>\n

What a Relative Needs to Document Before Filing<\/h2>\n

Start a dated log now. Each entry should give the date, the place, what you saw or heard, and who else was present. Dated facts are easier to check than general statements like “he’s always drinking.”<\/p>\n

Gather records you can lawfully obtain:<\/p>\n