{"id":18581,"date":"2026-11-07T02:09:50","date_gmt":"2026-11-07T02:09:50","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/document-addiction-marchman-act-petition-florida\/"},"modified":"2026-11-09T12:44:37","modified_gmt":"2026-11-09T12:44:37","slug":"document-addiction-marchman-act-petition-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/document-addiction-marchman-act-petition-florida\/","title":{"rendered":"Documents for Marchman Act Petition Florida: Family Guide"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida<\/p>

Gather the Right Documents Before You File<\/h1>

A practical guide for families preparing a Marchman Act petition in Florida, covering the records that matter and how to keep them organized. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide.<\/p>

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Casey III, Esq. \u00b7 Published November 6, 2026<\/p>\n\n

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A Marchman Act petition runs on facts, and family members usually supply them. The strongest documents show what your loved one did, what harm followed, and what help was offered and refused. This guide covers what to gather, why each item matters, and how to keep the file clean. Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters, serving families in South Florida and statewide.<\/p>\n

What a Marchman Act Petition Needs to Show<\/h2>\n

A Marchman Act petition asks a court to order involuntary assessment and stabilization for a loved one who is substance abuse impaired. The petition must name the people involved and state the facts behind the request. Fla. Stat. \u00a7 397.68141<\/a> lists what the petition must contain. It names the respondent, the petitioner, and how they are related. It also gives the respondent’s attorney’s name if known.<\/p>\n

The factual part is where your documents come in. The petition must explain why you believe your loved one is impaired. It must also explain why you believe that impairment has cost your loved one the power of self-control over substance use. Finally, it must give one of two reasons.<\/p>\n

The standard for the court comes from \u00a7 397.675<\/a>. That law says mere refusal of services is not, by itself, evidence of impaired judgment. Under \u00a7 397.675<\/a>, there must be good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and, because of that, has lost the power of self-control over substance abuse. In addition, either the person must need substance abuse services and have judgment so impaired by substance abuse that they cannot appreciate that need or make a rational decision about it, or, without care, they are likely to suffer neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and it is not apparent that the harm can be avoided with help from willing, able, and responsible family members or friends or other services, or there is a substantial likelihood they have inflicted, threatened or attempted to inflict, or, unless admitted, are likely to inflict, physical harm on themselves or another. Your records need to show the facts around the refusal.<\/p>\n

Not everyone may file. For an adult, \u00a7 397.68112<\/a> allows a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. In J.P. v. J.N.<\/a>, a Fifth District ruling, the court held that filing in the wrong county was a venue defect, not a lack of jurisdiction. So note where your loved one is staying on the day you file.<\/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>

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Build a Dated Record of Substance Use and Its Effects<\/h2>\n

Start a dated log of what you saw, heard, and found. Each entry should list the date, the substance if you know it, what happened, and who was there. Vague entries like “he was drinking a lot” are hard to use. A specific entry reads better: “March 3, evening, slurred speech at dinner, two beers finished before we sat down.”<\/p>\n

Track the signs that show up in daily life. These include slurred speech, unexplained absences, missed work or school, changes in hygiene or sleep, and money or property that goes missing. Each one should have a date.<\/p>\n

Separate what you saw yourself from what others told you. Label each secondhand account with its source. Family members who knew your loved one’s history can give testimony at the hearing. The court must hear and review all relevant evidence, including testimony from family members familiar with the person’s prior history, under \u00a7 397.6957<\/a>.<\/p>\n

Save texts, voicemails, emails, and social media messages that show use or its effects. Keep the originals with dates intact. Make copies for your file, but never edit the originals.<\/p>\n

Document Incidents of Harm, Danger, and Lost Self-Control<\/h2>\n

Incidents of threatened or actual harm are often the most important entries in the file. For each one, record the date, the location, the people present, and what happened in order. Write down what was said, not just that someone was upset.<\/p>\n

Collect any police reports, arrest or citation records, and traffic incident records tied to substance use. Keep discharge papers from emergency room visits, ambulance calls, and overdose treatment. If you don’t have the paperwork, write down the date and the hospital or agency name so you can ask for it later.<\/p>\n

Record losses that followed the substance use. These include lost jobs, lost housing, and changes in custody or visitation. Note the date and attach any letter, notice, or court paper you have.<\/p>\n

Link each incident to the petition’s requirement. The petition must give either the reason you believe your loved one has inflicted, or is likely to inflict, physical harm on self or others unless the court orders involuntary services, or the reason refusal of care is based on judgment so impaired that your loved one cannot understand the need for care. A dated, specific incident supports that point far better than a summary.<\/p>\n

Gather Medical, Treatment, and Court Records You Can Lawfully Use<\/h2>\n

List every provider, facility, and detox or treatment program your loved one has used. Add approximate dates. Keep the copies you already hold, such as discharge summaries, prescriptions, and intake forms.<\/p>\n

Note any past court case involving substance use, including dependency, probation, or drug cases. Keep the case numbers. These numbers help a lawyer locate the public court record.<\/p>\n

Be careful with records you don’t hold. Federal law protects records that identify a patient in a federally conducted or assisted substance use disorder program. Under 42 U.S.C. \u00a7 290dd-2<\/a>, those records generally cannot be used or disclosed against the patient in any civil, criminal, administrative, or legislative proceeding without a court order or the patient’s consent. A court order for that use requires good cause: the court must find that other ways of getting the information are not available or would not be effective, and that the public interest and need for disclosure outweigh the potential injury to the patient, the physician-patient relationship and the treatment services, under 42 C.F.R. \u00a7 2.64<\/a>.<\/p>\n

Don’t try to obtain those records on your own by pretending to be your loved one. A lawyer can advise which records can be used and how to request them through proper channels.<\/p>\n

Record Prior Offers and Attempts at Voluntary Treatment<\/h2>\n

Write down each time help was offered. Note who offered it, when, and how your loved one responded.<\/p>\n

Record refusals, walkouts, missed appointments, and programs that were started but not finished. Give each one a date. A simple line works: “June 12, offered a bed at a detox program through his doctor. Said no and left the house.”<\/p>\n

Pair each refusal with the facts around it. What was said? What happened next? Did your loved one go back to using? Those details show the court the pattern. A refusal on its own does not carry the petition.<\/p>\n

Note any statements about treatment, including promises and refusals. Record the date and the setting. Quote the words as closely as you can remember, and mark the entry as secondhand if you were not present.<\/p>\n

Organize the Timeline and Prepare the Affidavit<\/h2>\n

Put every entry into one chronological timeline. Link each entry to a supporting document, such as a report, a text, or a discharge paper. If an entry has no document, say so.<\/p>\n

The petition’s facts are verified by a sworn statement. Under \u00a7 92.525<\/a>, that statement can be made under oath or by a written declaration. Under Fla. Stat. \u00a7 92.525<\/a>, a written declaration is the statement: \u201cUnder penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,\u201d followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words \u201cto the best of my knowledge and belief\u201d may be added. Fla. Stat. \u00a7 92.525<\/a> reads: “(2) A written declaration means the following statement: \u201cUnder penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,\u201d followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words \u201cto the best of my knowledge and belief\u201d may be added.” A person who knowingly makes a false declaration commits perjury by false written declaration, a third-degree felony.<\/p>\n

Write in plain, factual sentences. State what you saw, heard, or did, with dates and places. Describe conduct, not conclusions. Say “he did not come home for two nights,” not “he has a disease.”<\/p>\n

Check every statement against your records before you sign. Keep a clean copy of the timeline and all supporting documents together. Court records in these cases are confidential under \u00a7 397.6760<\/a>, but the clerk may disclose them upon request to listed people such as the petitioner and the respondent’s attorney, and the clerk may not publish personal identifying information on a public docket. Your file is still your private work, so keep it secure.<\/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>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Common Documentation Mistakes Family Members Make<\/h2>\n

The most common mistake is the vague entry with no date, amount, or setting. A second mistake is emotional language that replaces facts. “She was out of control” tells the court less than “She threw a glass at the wall on Friday and then drove off.”<\/p>\n

Gaps are another problem. A long stretch with no entries invites questions. If you can’t recall exact dates, write the range and say it is approximate.<\/p>\n

Discarding originals is a serious error. Keep the phone, the text thread, or the letter. Don’t alter a message before saving a copy.<\/p>\n

Signing before checking is the last big mistake. Read every line against the records. Correct anything that isn’t accurate.<\/p>\n

Petitions also need to be specific. In D.H. v. K.J.R.<\/a>, a Second District ruling, the court held that an ex parte assessment order was entered in error. The petition did not establish a good faith reason to believe the statutory criteria were met. In J.C. v. State<\/a>, a Fifth District ruling, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. Those cases apply in their own districts, so your own documented facts carry the weight.<\/p>\n\n

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Talk With Robinson Casey About Your Loved One’s Situation<\/h2>\n

If your loved one keeps refusing help after dangerous incidents, your records are the place to start. Bring the timeline, the incident papers, and the treatment history to your consultation with Robinson Casey. Richard J. Casey III, Esq. is the responsible lawyer for this page.<\/p>\n

If you are a sibling or another relative, the sibling and relative petition guide<\/a> explains how the filing rules apply to you.<\/p>\n

Call Robinson Casey at (561) 849-4700 to talk through the records you have. The firm offers a free first consultation, which is confidential and has no obligation to continue. Nothing in this page promises any outcome, but a conversation about your file can show what is missing and what to gather next.<\/p>\n\n<\/article>\n