{"id":16005,"date":"2026-11-02T05:25:16","date_gmt":"2026-11-02T05:25:16","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-adult-son-overdose-refuses-help-petition\/"},"modified":"2026-11-08T19:54:55","modified_gmt":"2026-11-08T19:54:55","slug":"marchman-act-attorney-adult-son-overdose-refuses-help-petition","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-adult-son-overdose-refuses-help-petition\/","title":{"rendered":"Florida Marchman Act Attorney for Adult Son Who Refuses Help"},"content":{"rendered":"\n
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Marchman Act Attorney | Miami-Dade and South Florida<\/p>

Your Son Refuses Help. You Don't Have to Figure Out the Next Step Alone.<\/h1>

Robinson & Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Talk with us about your son's situation and the options available to you.<\/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 November 2, 2026<\/p>\n\n

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Your Son Has Overdosed and Refuses Help: Where You Stand Now<\/h2>\n

Yes, if your adult son overdosed and refuses help, a parent may be able to ask a Florida court for assessment and treatment under the Marchman Act. Whether that path fits depends on your son’s situation and on the statute’s criteria.<\/p>\n

You may have paid for treatment more than once. You may have tried interventions and held firm on boundaries, yet your son keeps getting worse. Then came an overdose, a hospital stay, an arrest, or a night you didn’t know where he was.<\/p>\n

You may not be ready to hire anyone. This page covers who may file, what a petition must say, what evidence helps, and what happens next.<\/p>\n\n

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If your son has overdosed and refuses help, you don't have to decide the next step alone; call (561) 849-4700 or request a confidential first 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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Can a Parent File a Marchman Act Petition in Florida?<\/h2>\n

A parent can file when the son is an adult and the petition meets the statute’s rules. The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance use. The Florida Department of Children and Families<\/a> says the law allows involuntary assessment, stabilization, and treatment for adults and youth severely impaired by substance abuse.<\/p>\n

For an adult, Fla. Stat. \u00a7 397.68112<\/a> allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment. A parent is a relative, so a parent can file.<\/p>\n

Filing starts the process; it does not decide it. Florida law sets out the criteria for involuntary admission based on substance abuse impairment or a substance use disorder. In plain terms, the court needs a good-faith reason to believe your son:<\/p>\n