{"id":18627,"date":"2026-11-07T04:47:13","date_gmt":"2026-11-07T04:47:13","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-son-refuses-treatment-florida-court-order\/"},"modified":"2026-11-08T18:51:31","modified_gmt":"2026-11-08T18:51:31","slug":"adult-son-refuses-treatment-florida-court-order","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-son-refuses-treatment-florida-court-order\/","title":{"rendered":"Adult Son Refuses Treatment? Florida Court Order Options"},"content":{"rendered":"\n
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Marchman Act & Guardianship \u00b7 Miami-Dade and South Florida<\/p>

Adult Son Refuses Treatment? Learn Your Florida Court Order Options<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida. Richard J. Casey III, Esq. is responsible for this page. Your first consultation is free, confidential, and carries no obligation to continue.<\/p>

Schedule a Free Consultation or Call (561) 849-4700<\/a><\/div>
Schedule a Free Consultation or Call (561) 849-4700<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

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

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Your Son Is Refusing Help, and You Are Running Out of Options<\/h2>\n

Yes, Florida law lets a court order an adult into assessment and treatment for substance use, even when he says no. That process is the Marchman Act. This page explains how a petition works, who can file one, and what your son’s rights are.<\/p>\n

You may have already done everything you know how to do. You’ve paid for treatment, staged interventions and set firm boundaries. Your son still keeps getting worse.<\/p>\n

Maybe a recent overdose, a relapse, a hospital stay or a disappearance pushed you to look for another way. Now you may be afraid. You fear he will overdose and die. You fear he will end up in jail or living on the street. You fear nothing will work.<\/p>\n

Those fears are real, and they deserve plain answers. The sections below walk through the court route step by step.<\/p>\n\n

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If your son was just discharged, arrested, or disappeared after another overdose, you do not have to face the next step alone. Our team is ready to talk through your options. 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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What a Marchman Act Petition Asks a Court to Do<\/h2>\n

A Marchman Act petition asks a circuit court to order an adult into involuntary assessment and, if the legal test is met, into treatment for substance use. The judge makes that decision after a hearing.<\/p>\n

The first part of the test asks whether there is good faith reason to believe your son is substance abuse impaired. It also asks whether he has lost the power of self-control with respect to substance use. Fla. Stat. \u00a7 397.675<\/a> sets out the full criteria.<\/p>\n

The second part looks at judgment and harm. Or, without care, he is likely to neglect himself or refuse care in a way that poses a real and present threat of substantial harm, and it is not apparent that willing, able, and responsible family members or friends, or other services, could prevent that harm. The statute also says that mere refusal to get services does not, by itself, show lack of judgment. Fla. Stat. \u00a7 397.675<\/a> reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” A petition needs more than a “no.”<\/p>\n

If the real question is whether your adult child can handle personal decisions at all, guardianship is a separate court process. It is not the same as a Marchman Act petition.<\/p>\n

Who Can File and What the Court Needs to See<\/h2>\n

Yes, a parent can file. Fla. Stat. \u00a7 397.68112<\/a><\/p>\n

The petition must name your son and you, and state your relationship. It must also give specific facts showing why you believe he is impaired and has lost self-control. Fla. Stat. \u00a7 397.68141<\/a> A petition may include an assessment done within 30 days before filing. If he was never assessed or refused one, the petition must say so.<\/p>\n

Facts that usually help include:<\/p>\n