{"id":15949,"date":"2026-11-02T03:04:59","date_gmt":"2026-11-02T03:04:59","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-dual-diagnosis-addiction-mental-illness-florida\/"},"modified":"2026-11-08T20:11:50","modified_gmt":"2026-11-08T20:11:50","slug":"marchman-act-dual-diagnosis-addiction-mental-illness-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-dual-diagnosis-addiction-mental-illness-florida\/","title":{"rendered":"Marchman Act for Addiction and Mental Illness in Florida"},"content":{"rendered":"\n
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Marchman Act Attorney in South Florida<\/p>

Guidance for Families Facing the Marchman Act<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida. Call (561) 849-4700 to talk through your situation.<\/p>

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

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Families searching for a Marchman Act for addiction and mental illness Florida path usually face one hard question first: which statute fits. When substance use is the core problem, the Marchman Act is generally the path. When psychiatric crisis is the core problem, the Baker Act usually applies, and the two can overlap.<\/p>\n

When Addiction and Mental Illness Are Both Driving the Crisis<\/h2>\n

When substance use is the central problem, the Marchman Act is generally the court path. When psychiatric crisis is central, the Baker Act usually applies.<\/p>\n

Your loved one has been hospitalized again and again. They refuse care, skip medication and put themselves at risk. Money, rent and daily safety keep slipping. You keep picking up the pieces, and you aren’t sure which legal tool can help.<\/p>\n

Clinicians often call this a dual diagnosis: a substance use disorder and a psychiatric condition that exist at the same time. The Marchman Act speaks to this directly. Its admission criteria cover a person with a substance use disorder and a co-occurring mental health disorder (Fla. Stat. \u00a7 397.675<\/a>).<\/p>\n

Each law has its own filings, criteria and timelines. Choosing the wrong track can slow down the help your loved one needs.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
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What the Marchman Act Is and Who Can Petition<\/h2>\n

Your loved one is named as the respondent, and the case goes before a judge.<\/p>\n

Family members can file. For an adult respondent, 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 substance use impairment and prior treatment (Fla. Stat. \u00a7 397.68112<\/a>).<\/p>\n

The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee for the petition (Fla. Stat. \u00a7 397.681<\/a>). A Florida appeals court has held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction (J.P. v. J.N.<\/a>).<\/p>\n

Refusal alone is not enough. The statute says mere refusal to receive services does not by itself prove lack of judgment (Fla. Stat. \u00a7 397.675<\/a>). Fla. Stat. \u00a7 397.675<\/a> requires that the person has lost the power of self-control with respect to substance abuse and also meets one more condition. That condition can be impaired judgment about the need for services. It can also be that, without care, the person is likely to suffer neglect that poses a real and present threat of substantial harm, and it is not apparent that the harm can be avoided through the help of willing, able, and responsible family members or friends or other services. Or there is a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or, unless admitted, is likely to inflict physical harm on himself, herself, or another. The petition needs specific facts.<\/p>\n

How the Firm Evaluates Which Statute Fits<\/h2>\n

Robinson Casey looks at the facts of each case before choosing a path. Our team starts with the main problem and the history behind it.<\/p>\n

Intake questions usually cover these points:<\/p>\n