{"id":13516,"date":"2026-10-27T01:20:38","date_gmt":"2026-10-27T01:20:38","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/hospital-hold-addiction-florida-attorney\/"},"modified":"2026-10-27T14:34:21","modified_gmt":"2026-10-27T14:34:21","slug":"hospital-hold-addiction-florida-attorney","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/hospital-hold-addiction-florida-attorney\/","title":{"rendered":"Marchman Act Attorney in Florida: Hospital Discharge Steps"},"content":{"rendered":"\n
<\/span>\"Judge
\n

Marchman Act Attorney \u00b7 Miami-Dade and South Florida<\/p>

Bringing a Loved One Home From the Hospital: Know Your Next Steps<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for Florida families facing a hospital discharge. Richard J. Casey III, Esq., is responsible for this page. Call (561) 849-4149 to talk with our team.<\/p>

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

By Richard J. Casey III, Esq. \u00b7 Published October 26, 2026<\/p>\n\n

\n\n\n

If a family member is in a Florida hospital for addiction and discharge is coming soon, you need answers fast. A Marchman Act attorney can review the hold, explain the court steps, and prepare your family before the next hearing. This page explains how a hospital hold works, what the timeline looks like, and what to have ready when you talk with a lawyer.<\/p>\n

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida, Miami-Dade, and across the state.<\/p>\n

What a Marchman Act Hospital Hold Means for Families<\/h2>\n

A Marchman Act hospital hold is an emergency admission for assessment, not a voluntary stay. It happens under Florida’s addiction laws in Chapter 397 of the Florida Statutes.<\/p>\n

The Marchman Act is the civil process for court-ordered assessment and treatment of an adult with substance use problems.<\/p>\n

That is different from a patient who checks in on their own.<\/p>\n

Confirm which law applies. The Baker Act covers mental illness, while the Marchman Act covers substance use. Some cases involve both. Treatment status terms also vary, so check the exact statute and status in the paperwork (PMC article on treatment terms<\/a>).<\/p>\n

This page is for family members who did not choose this situation and need to understand their options quickly.<\/p>\n\n

\n

If a loved one is in a hospital for addiction and discharge is nearing, you don't have to face the Marchman Act alone. Call (561) 849-4149 to talk through your family's situation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"Wooden<\/figure>\n

Can a Family Attorney Help Before the Hospital Discharges the Patient?<\/h2>\n

Yes. A family attorney can review the hold, explain the petition process, and prepare the family for the next court step before discharge. No lawyer can promise a result, though.<\/p>\n

A lawyer cannot direct a medical discharge. Under \u00a7 397.6758<\/a>, an involuntarily admitted person may be released without further court order only by a qualified professional in a hospital, detox facility, addictions receiving facility, or any less restrictive treatment component. The hospital team makes that call.<\/p>\n

Counsel works through the petition and the hearing instead. That’s why timing matters. An emergency order can rest on the petition alone (\u00a7 397.6818<\/a>). The facts in the petition carry real weight. Contact a lawyer early, not on discharge day.<\/p>\n

What an Attorney Does in the Days Before Discharge<\/h2>\n

A Marchman Act attorney checks the paperwork, builds the facts, and plans the filing. Here is what that work involves.<\/p>\n