{"id":14991,"date":"2026-10-28T09:11:06","date_gmt":"2026-10-28T09:11:06","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-relative-petition-florida\/"},"modified":"2026-10-30T02:40:19","modified_gmt":"2026-10-30T02:40:19","slug":"marchman-act-relative-petition-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-relative-petition-florida\/","title":{"rendered":"Marchman Act Sibling or Relative Petition in Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade & South Florida<\/p>

Concerned About a Sibling? Talk With a Marchman Act Attorney<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Your first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4149.<\/p>

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How We Can Help<\/h2>\n

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Free<\/h3>

First consultation, confidential, no obligation<\/p><\/div>

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Statewide<\/h3>

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

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Focused<\/h3>

Marchman Act and guardianship matters<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 28, 2026<\/p>\n\n

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Yes, a sibling can file a Marchman Act petition in Florida. The statute lets any relative file one for an adult whose substance use has left them unable to make safe decisions. Many families looking into a Marchman Act sibling or relative petition Florida want that answer first. This guide covers who may file, what the petition must say, what happens after filing, what it costs to start, and how it compares with guardianship.<\/p>\n

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, across South Florida, and statewide.<\/p>\n

What the Marchman Act Is in Florida<\/h2>\n

Among its stated goals, the Legislature describes the law as providing an alternative to criminal imprisonment for substance abuse impaired adult and juvenile offenders, by encouraging their referral to service providers. Its goal is treatment in the least restrictive setting that promotes long-term recovery (\u00a7 397.305<\/a>).<\/p>\n

Two routes matter here. Some assessment happens by agreement. Involuntary treatment starts with a petition filed with the court. This guide focuses on the petition, because that is the route families use when a loved one refuses care.<\/p>\n\n

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If a brother, sister, or other relative's drinking or drug use keeps pushing your family into crisis, you don't have to work out the court process alone. Our team can talk through your facts in a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Can a Sibling or Other Relative File a Marchman Act Petition?<\/h2>\n

Yes. For an adult, the petition 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 impairment and prior treatment (\u00a7 397.68112<\/a>). A brother or sister is a relative.<\/p>\n

Your role is to bring facts to the court. You describe what you have seen and why you believe your loved one is impaired. The judge decides what happens next. Testimony at the hearing is given under oath. The court shall hear and review all relevant evidence, including testimony from family members who know the person’s history (\u00a7 397.6957<\/a>).<\/p>\n

You also carry the burden of proof. In J.C. v. State, the Fifth District reversed an order where the trial court took over the petitioner’s case after the petitioner was absent (J.C. v. State<\/a>). The petitioner must bring the proof. This rule comes from Fifth District decisions. The Fourth District has disagreed with them (J.J.J. v. D.G.<\/a>).<\/p>\n

What a Petition Contains and What to Gather First<\/h2>\n

A petition must name the person and the petitioner. It must state their relationship and give the facts that support involuntary services (\u00a7 397.68141<\/a>). The factual allegations must demonstrate: (\u00a7 397.68141<\/a>).<\/p>\n