{"id":13584,"date":"2026-10-27T04:24:21","date_gmt":"2026-10-27T04:24:21","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-talk-to-addicted-adult-before-petition\/"},"modified":"2026-10-27T14:34:11","modified_gmt":"2026-10-27T14:34:11","slug":"involuntary-commitment-addiction-talk-to-addicted-adult-before-petition","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-talk-to-addicted-adult-before-petition\/","title":{"rendered":"How to Talk to an Addicted Adult Who Won’t Get Help"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade & South Florida<\/p>

Talking to an Addicted Adult Who Won't Get Help<\/h1>

Calm, specific conversations can open the door. When they don't, Robinson Casey focuses on Marchman Act and guardianship matters for families across South Florida and statewide.<\/p>

Schedule a Free Consultation: (561) 849-4149<\/a><\/div>
Schedule a Free Consultation: (561) 849-4149<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 27, 2026<\/p>\n\n

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If you’re trying to figure out how to talk to an addicted adult who won’t get help, start with calm, private, specific conversations. Pick one concern, say it plainly, and listen. These talks come before any court step, and they can matter even if a court step never happens.<\/p>\n

You did not choose this situation. You may feel worried, worn out, or unsure whether you’re overreacting. That feeling is normal, and it’s a good reason to slow down and plan.<\/p>\n

Where You Are Right Now<\/h2>\n

You can talk with the adult now, before any court step, and that conversation can happen alongside a court step or instead of one. Noticing changes in money, sleep, work, or health is a reason to talk. It is not proof of a specific diagnosis.<\/p>\n

Florida’s Marchman Act is a court process under Chapter 397, Florida Statutes. The Florida Department of Children and Families<\/a> explains that the Act allows voluntary admission as well as involuntary assessment, stabilization, and treatment for adults and youth severely impaired by substance abuse. Knowing that the option exists can help you think clearly. It doesn’t mean you have to use it today.<\/p>\n\n

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If you're still weighing whether a Marchman Act petition fits your family, our team can talk through the facts with you at (561) 849-4149. 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
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How Do You Help an Addict Who Doesn’t Want Help?<\/h2>\n

Start by keeping the relationship open, not by winning the argument. A refusal can feel like a final answer, but it is often the start of a longer conversation.<\/p>\n

Florida law draws a line here too. Under \u00a7 397.675<\/a>, a refusal to receive substance abuse services does not, by itself, show that a person’s judgment is impaired with respect to his or her need for such services. Fla. Stat. \u00a7 397.675<\/a> says a person meets the criteria for involuntary admission only if there is good faith reason to believe the person is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder) and, because of it, has lost the power of self-control with respect to substance abuse, and either cannot appreciate their need for services, or, without care, faces a real and present threat of substantial harm that does not appear avoidable through the help of willing, able, and responsible family members or friends or other services, or there is a substantial likelihood the person has inflicted, threatened or attempted to inflict, or is likely to inflict physical harm on self or others. So one “no” does not settle the question.<\/p>\n

One conversation rarely settles anything. If you expect it to, you add pressure on both of you. Plan for several calm talks over time instead.<\/p>\n

Choosing the Right Moment and Setting<\/h2>\n

Choose a time when the adult is sober, rested, and not in the middle of a fight or a crisis. Talks held during intoxication or after a blowup often go nowhere.<\/p>\n

Pick a private place with no audience. A kitchen table with the television off works. Avoid public places, group settings, and times when either of you has to leave soon.<\/p>\n

Keep the first talk short. Name one clear concern and ask one clear question. A short talk is less likely to turn into a confrontation, and it leaves room for a second one.<\/p>\n

What to Say: Encouraging Words That Keep the Door Open<\/h2>\n

Say what you have actually seen. Try, “You missed work twice this month,” rather than labels like “addict” or “junkie.” Facts are harder to argue with, and labels push people away.<\/p>\n

Use “I” statements that name your care and your worry. For example: “I love you, and I’m worried about how you’ve been sleeping and spending.” Then stop and let the person respond.<\/p>\n

Ask open questions and listen before you reply. Ask, “What do you think is going on?” You don’t have to agree with every conclusion to acknowledge the feeling behind it.<\/p>\n

Encourage any step toward help, even a small one. Agreeing to see one doctor or attend one appointment is a real step, and it’s worth naming out loud.<\/p>\n

What to Avoid: Lectures, Ultimatums, and Rescuing<\/h2>\n

Avoid lectures, shaming, and threats made in anger. These tend to end the conversation before it starts.<\/p>\n

Enabling means making it easier to keep using. In practice, it looks like covering for missed work, paying debts tied to use, or making excuses to relatives and employers. Each one protects the problem, even when it feels like help.<\/p>\n

Only state a consequence you are ready to carry out. Then follow through, every time. An ultimatum you won’t enforce teaches the person that your words don’t count.<\/p>\n

Pay close attention to safety. If there is violence, theft, or threats, treat that as urgent. Make a safety plan before you talk about treatment again.<\/p>\n

Looking After Yourself While You Support Them<\/h2>\n

Caring for someone with a substance use problem can wear down your sleep, work, health, and other relationships. Notice that strain early, while you can still act on it.<\/p>\n

Keep your own routines. Eat, sleep, and work on a schedule that does not depend entirely on the latest crisis. Your household needs steady days, not only emergency responses.<\/p>\n

Set boundaries and keep them. A boundary might be “I won’t lend money” or “I won’t discuss this after midnight.” Write these down so you remember them when you’re tired.<\/p>\n

Name the habits that help you stay steady, such as rest, physical activity, and time alone. Treat them as part of the plan, not as a luxury you have to earn.<\/p>\n\n

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Not sure what your next step is?<\/h3>

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
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When Conversation Is Not Enough: How a Marchman Act Petition Fits<\/h2>\n

A Marchman Act petition asks a Florida court to look at whether an adult should be assessed and, if the law allows, ordered into treatment. Families look at it when calm, voluntary steps have not worked.<\/p>\n

Under \u00a7 397.68112<\/a>, an adult petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior treatment. The filing itself carries no clerk fee under \u00a7 397.681<\/a>. The petition goes in the county where the person is located. In Miami-Dade, that’s the county where the adult is physically at the time of filing.<\/p>\n

The respondent has the right to a lawyer at every stage; however, the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. A person who cannot afford one may receive court-appointed counsel, under the same section. The court must set a hearing within 10 court working days unless a continuance is granted, under \u00a7 397.68151<\/a>. At the hearing, the court shall hear and review all relevant evidence, including testimony from family members who know the person’s history, under \u00a7 397.6957<\/a>.<\/p>\n

Start gathering details now. Write down dates, specific incidents, and who saw them. Whether a petition fits your situation depends on the facts, and no outcome can be promised in advance.<\/p>\n

Frequently Asked Questions<\/h3>
How do I talk to an addicted adult who won’t get help?<\/summary>

Wait for a calm moment, name one concrete concern, and listen. Avoid threats and don’t argue about labels.<\/p><\/details>

Can a family member file a Marchman Act petition in Florida?<\/summary>

Yes. For an adult, a spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment may file.<\/p><\/details>

Does an adult have a right to a lawyer in a Marchman Act case?<\/summary>

Yes. The respondent has the right to counsel at every stage of the court proceeding; however, the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily.<\/p>

If you’re still deciding whether a petition makes sense for someone you love, you don’t have to sort it out alone. Call Robinson Casey at (561) 849-4149 or request a consultation<\/a>. The first consultation is free, confidential, and carries no obligation to continue. Richard J. Casey III, Esq. is the responsible lawyer for this page.<\/p><\/details><\/article>\n