{"id":15545,"date":"2026-10-31T03:12:17","date_gmt":"2026-10-31T03:12:17","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/florida-statute-chapter-397-involuntary-treatment\/"},"modified":"2026-11-09T08:36:52","modified_gmt":"2026-11-09T08:36:52","slug":"florida-statute-chapter-397-involuntary-treatment","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/florida-statute-chapter-397-involuntary-treatment\/","title":{"rendered":"Florida Statute 397 Involuntary Treatment: Family Guide"},"content":{"rendered":"\n
<\/span>\"A
\n

Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

Florida Statute 397 Involuntary Treatment: A Family Guide<\/h1>

Clear answers for families facing a Marchman Act petition, involuntary commitment for addiction, or a guardianship matter. Robinson Casey focuses on these cases across South Florida and statewide.<\/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 30, 2026<\/p>\n\n

\n\n\n

When Your Loved One Can No Longer Make Safe Decisions<\/h2>\n

Under Fla. Stat. \u00a7 397.6818<\/a>, when emergency circumstances exist, the court may rely solely on the contents of the petition and, without appointing an attorney, enter an ex parte order for the respondent’s involuntary assessment and stabilization, which must be executed while the hearing on the petition for treatment is pending. This page explains how that law works in plain terms, for families already in the middle of a crisis.<\/p>\n

You may know this pattern well. There’s another hospital stay, a refusal of care, bills going unpaid, or a dangerous choice about where your loved one sleeps or drives. You may fear irreversible harm, financial exploitation, or the next psychiatric crisis.<\/p>\n

Those fears make sense. You want a proper legal way to protect your family member and make necessary decisions for them. It is not a substitute for advice on your own facts, and the details of your situation decide what applies.<\/p>\n\n

\n

If your loved one keeps refusing care while money, housing, or safety are at risk, you don't have to sort out the court process alone. 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
\"A<\/figure>\n

What Florida Statute Chapter 397 Covers<\/h2>\n

Chapter 397 covers Florida’s substance abuse and mental health services.<\/p>\n

Each section covers one piece of the process: who qualifies, what a petition says, and how the court proceeds.<\/p>\n

Search results also show older statute versions, some dated 2000, 2006, or 2022. The Legislature has amended Part V in recent sessions. In 2025, for example, both \u00a7 397.68141<\/a> (ch. 2025-143) and \u00a7 397.68151<\/a> (ch. 2025-10) were amended.<\/p>\n

Who May File and What a Petition Must Address<\/h2>\n

For an adult, a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s impairment and prior course of assessment and treatment may file. For a minor, a parent, legal guardian, or service provider may file.<\/p>\n

A petition must name the respondent (the person in crisis) and the petitioner (the person filing). It must also state their relationship and the facts behind the request. Under Fla. Stat. \u00a7 397.68141<\/a>, the factual allegations in a petition for involuntary services must demonstrate the following:<\/p>\n