{"id":18599,"date":"2026-11-07T02:52:39","date_gmt":"2026-11-07T02:52:39","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/what-marchman-act-petition-cannot-do-florida\/"},"modified":"2026-11-08T18:51:53","modified_gmt":"2026-11-08T18:51:53","slug":"what-marchman-act-petition-cannot-do-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/what-marchman-act-petition-cannot-do-florida\/","title":{"rendered":"What a Marchman Act Petition Cannot Do in Florida"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida and Statewide<\/p>

What a Marchman Act Petition Cannot Do in Florida<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Learn where a petition's reach ends and what your next step can be.<\/p>

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

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If you’re asking what a Marchman Act petition can not do, the short answer is this: it starts a court process, but it does not decide the outcome by itself. It asks a Florida judge to review a loved one’s substance use and decide whether court-ordered help is needed. Richard J. Casey III, Esq. is the lawyer responsible for this page. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide.<\/p>\n

Who Can File a Marchman Act Petition in Florida?<\/h2>\n

For an adult, a petition can be filed by a spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance use and treatment history, under Fla. Stat. \u00a7 397.68112<\/a>. Family members often fill this role. The petition goes to the clerk of court in the county where your loved one is located. The clerk cannot charge a fee to file it, under Fla. Stat. \u00a7 397.681<\/a>.<\/p>\n

Location matters. In J.P. v. J.N.<\/a>, the Fifth District held that filing in the wrong county did not take away the court’s jurisdiction, though the statute requires that petitions be filed with the clerk of the court in the county where the person is located. However, as the court explained in J.P. v. J.N.<\/a>, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.<\/p>\n

For an overview of the full process, read our involuntary commitment for addiction guide<\/a>.<\/p>\n\n

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If your loved one's drinking or drug use has put them in danger, you don't have to sort out these limits alone. Our team can talk through your family's facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What a Petition Can Do for Your Loved One and Your Family<\/h2>\n

A petition puts your loved one’s condition in front of a judge at a formal hearing. That gives your family a legal process, not just informal requests. The petition must state the facts behind your belief that your loved one is impaired, has lost self-control, and either has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders services, or refuses care because impaired judgment prevents understanding the need for it, under Fla. Stat. \u00a7 397.68141<\/a>.<\/p>\n

The court must schedule a hearing within 10 court working days, unless a continuance is granted, under Fla. Stat. \u00a7 397.68151<\/a>. In an emergency, the court may rely on the petition alone and enter an assessment and stabilization order, without first appointing an attorney, under Fla. Stat. \u00a7 397.6818<\/a>.<\/p>\n

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days, under Fla. Stat. \u00a7 397.697<\/a>. The court keeps jurisdiction after that to monitor compliance. The judge decides, and the evidence presented at the hearing drives that decision.<\/p>\n

What a Marchman Act Petition Cannot Do<\/h2>\n

A petition cannot skip the hearing, the evidence, or the judge’s findings. Its limits are clear in the statutes.<\/p>\n