{"id":15894,"date":"2026-11-01T09:49:11","date_gmt":"2026-11-01T09:49:11","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-dual-diagnosis-florida\/"},"modified":"2026-11-08T20:12:12","modified_gmt":"2026-11-08T20:12:12","slug":"marchman-act-dual-diagnosis-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-dual-diagnosis-florida\/","title":{"rendered":"Marchman Act Mental Illness and Drinking Florida"},"content":{"rendered":"\n
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Marchman Act and Guardianship | Miami-Dade and South Florida<\/p>

Marchman Act Help for Families in Miami-Dade and South Florida<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters. Schedule a free, confidential first consultation, with no obligation to continue.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published November 1, 2026<\/p>\n\n

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A Marchman Act petition asks a Florida court to order assessment and treatment for a loved one whose drinking or drug use has left them unable to stay safe. This page answers common questions about a Marchman Act mental illness and drinking Florida case, in plain terms. When mental illness is also present, a second Florida law can come into play.<\/p>\n

When a Loved One Has Both Mental Illness and Drinking or Drug Use<\/h2>\n

Families in this spot usually describe the same cycle. A hospital stay ends, the person goes home, and the plan falls apart within days. Care gets refused. Money goes missing. Bills go unpaid, and the person may be living somewhere unsafe.<\/p>\n

Clinicians call this a co-occurring disorder: a substance use problem alongside a mental health condition. The two often feed each other. Drinking can make symptoms worse, and symptoms can make it harder to accept help.<\/p>\n

Florida law recognizes this combination. Under Fla. Stat. \u00a7 397.675<\/a>, a person may meet involuntary admission criteria when there is good faith reason to believe they have a substance use disorder and a co-occurring mental health disorder.<\/p>\n

If you’re reading this for someone you love, you don’t need to hire anyone yet. Learning your options is a sound first step.<\/p>\n\n

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What the Marchman Act Covers and Who It Is For<\/h2>\n

The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance use impairment. It is part of Chapter 397 of the Florida Statutes.<\/p>\n

For an adult, certain people may file a petition for involuntary treatment services, including the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment. That includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.<\/p>\n

A petition names the person as the respondent. It also names the petitioner, explains their relationship, and states the facts behind the belief that the person is impaired. Fla. Stat. \u00a7 397.68141<\/a> sets out these contents. The petition goes to the clerk in the county where the person is located. The clerk may not charge a fee to file it.<\/p>\n

Marchman Act or Baker Act: Which Applies to a Dual Diagnosis<\/h2>\n

Which law applies to a Marchman Act mental illness and drinking Florida case depends on the facts. The Marchman Act handles substance use. The Baker Act handles mental illness, so one case can touch both.<\/p>\n