{"id":15590,"date":"2026-10-31T05:23:53","date_gmt":"2026-10-31T05:23:53","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-after-overdose-florida\/"},"modified":"2026-11-08T21:32:40","modified_gmt":"2026-11-08T21:32:40","slug":"marchman-act-attorney-after-overdose-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-after-overdose-florida\/","title":{"rendered":"Marchman Act Attorney After Overdose Florida"},"content":{"rendered":"\n
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Marchman Act Attorney | Miami-Dade and South Florida<\/p>

Helping Your Family Act After an Overdose<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation, with no obligation to continue.<\/p>

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

By Richard J. Casey III, Esq. \u00b7 Published October 31, 2026<\/p>\n\n

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Your Child Has Overdosed and Keeps Refusing Help: What You Are Facing<\/h2>\n

Florida’s Marchman Act lets a family ask a court to order assessment and treatment for an adult who refuses help. A Marchman Act attorney after overdose in Florida can explain how that works in your situation.<\/p>\n

You may have already paid for treatment. You may have tried interventions and set limits you hoped would hold. Then came the call from the hospital, or news of another relapse. Now you fear the next overdose, jail, or your child living on the street. Some days you have lost hope that anything will work.<\/p>\n

This page explains the Florida legal option. It does not promise any result. For the wider picture, see our Marchman Act attorney guide<\/a>.<\/p>\n\n

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If your child has overdosed and keeps refusing help, you do not have to face the court process alone. Call (561) 849-4700 or request a free, confidential consultation. 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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What the Marchman Act Is and Who It Is For<\/h2>\n

The Marchman Act is Florida’s civil court process for involuntary assessment and treatment of substance use.<\/p>\n

The law says who may file. For an adult, a 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 treatment history (\u00a7 397.68112<\/a>). A parent is a relative, so a parent can file for an adult child.<\/p>\n

The Marchman Act covers substance abuse impairment. This page covers only that side of a family crisis.<\/p>\n

How an Overdose Fits Into a Marchman Act Petition<\/h2>\n

A person meets the criteria for involuntary admission when there is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder, and because of that they have lost the power of self-control about substance use (\u00a7 397.675<\/a>).<\/p>\n

The statute adds a second test. The person must either need services and be unable to appreciate that need, or be likely to neglect themselves in a way that poses a real and present threat of substantial harm, and it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services. Alternatively, there must be a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or is likely to inflict, physical harm on themselves or another. Mere refusal of services does not by itself show lack of judgment (\u00a7 397.675<\/a>).<\/p>\n

Timing matters too. A petition may rely on the person reasonably appearing to meet the criteria for involuntary admission, on protective custody or an emergency admission within the previous 10 days, or on an assessment by a qualified professional within 30 days (\u00a7 397.68111<\/a>). The judge decides whether the criteria are met. The outcome depends on the facts.<\/p>\n

What a Marchman Act Attorney Handles for the Family<\/h2>\n

Our team also helps families organize records, dates, and notes about what happened.<\/p>\n

Typical work includes:<\/p>\n