{"id":15097,"date":"2026-10-29T02:51:59","date_gmt":"2026-10-29T02:51:59","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-attorney-sibling-adult-family-florida\/"},"modified":"2026-10-29T02:52:07","modified_gmt":"2026-10-29T02:52:07","slug":"marchman-act-attorney-sibling-adult-family-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-attorney-sibling-adult-family-florida\/","title":{"rendered":"Marchman Act Petition for Sibling in Florida | Robinson"},"content":{"rendered":"\n
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Marchman Act Petitions | South Florida<\/p>

Filing a Marchman Act Petition for Your Sibling? Talk With Us First.<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is responsible for this page.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Richard J. Casey III, Esq. \u00b7 Published October 28, 2026<\/p>\n\n

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Marchman Act Petition for Sibling in Florida | Robinson Casey<\/h2>\n

Yes, a sibling can file a Marchman Act petition in Florida. A Marchman Act petition for sibling Florida cases asks a judge to order an involuntary assessment and, if the criteria are met, involuntary treatment for an adult with substance abuse impairment. This guide explains who may file, what the court looks for, how the process moves, and what a petitioner’s attorney handles. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters for families across South Florida, including Miami-Dade County, and statewide.<\/p>\n\n

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If your sibling's substance use has put his or her safety or money at risk, you don't have to face this court process alone. Our team can talk through your options with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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When a Sibling Needs a Marchman Act Petition<\/h2>\n

A sibling can file a Marchman Act petition when an adult brother or sister’s substance use leaves them unable to keep themselves safe.<\/p>\n

You may be living this already. Your brother drinks until he can’t hold a job. Your sister refuses treatment and keeps ending up in emergency rooms. Money disappears, bills pile up, and each crisis seems to bring you back to the same place.<\/p>\n

The Marchman Act is Florida’s court process for substance abuse impairment. Its rules sit in Chapter 397 of the Florida Statutes.<\/p>\n

For an adult, \u00a7 397.68112<\/a> lets several people file. That includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the prior course of assessment and treatment. A sibling is a relative, so a sibling can be the petitioner.<\/p>\n

The petition asks the court to order involuntary treatment services. For an adult, it may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment. If the legal criteria are met, it can also ask for involuntary treatment services.<\/p>\n

What Florida Courts Look For Under the Marchman Act<\/h2>\n

The court needs a good faith reason to believe your loved one meets the criteria for involuntary admission. Those criteria are in \u00a7 397.675<\/a>.<\/p>\n

The person must have a substance abuse impairment, or a substance use disorder with a co-occurring mental health disorder. Because of that condition, the person has lost the power of self-control with respect to substance use.<\/p>\n

The person must also meet one of two further tests:<\/p>\n