{"id":11984,"date":"2026-10-24T02:15:17","date_gmt":"2026-10-24T02:15:17","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-respondent-representation\/"},"modified":"2026-10-30T02:40:21","modified_gmt":"2026-10-30T02:40:21","slug":"marchman-act-respondent-representation","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-respondent-representation\/","title":{"rendered":"Marchman Act Respondent Lawyer Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act Respondent Lawyer | Miami-Dade & South Florida<\/p>

Facing a Marchman Act Petition?<\/h1>

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, helping families and respondents across South Florida and statewide understand the process and their options.<\/p>

Schedule Your Free Consultation<\/a><\/div>
Schedule Your Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

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

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A Marchman Act petition asks a Florida court to order involuntary treatment for a person impaired by substance abuse. The person named in the petition is called the respondent. Families facing a Marchman Act case often have many questions about the notices, dates, and hearings involved, and a Marchman Act attorney can explain them in plain terms. Under Florida’s Marchman Act, a petition for involuntary substance abuse treatment is filed with the clerk of court in the county where the person is located, the clerk may not charge a filing fee for it, and the person named as respondent has the right to counsel at every stage of the court proceeding, which the respondent may waive if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily.<\/p>\n

What a Marchman Act Petition Means for the Person Named<\/h2>\n

A Marchman Act petition is a court filing under Chapter 397 of the Florida Statutes. It asks a judge to order treatment for someone whose alcohol or drug use has impaired their judgment or self-control.<\/p>\n

This is different from a guardianship case. A guardianship asks a court to appoint someone to make decisions for another person. A Marchman Act petition focuses on substance abuse impairment and treatment.<\/p>\n

You may be reading this as the respondent. You may also be a family member or friend trying to understand what happens next. This guide covers both views.<\/p>\n\n

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Who Can File and What the Court Looks For<\/h2>\n

For an adult, the petition may come from the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. See Fla. Stat. \u00a7 397.68112<\/a>.<\/p>\n

The court looks for a good faith reason to believe the person meets the criteria for involuntary admission. The person must have lost the power of self-control over substance use. Then either:<\/p>\n