{"id":18808,"date":"2026-11-08T02:47:51","date_gmt":"2026-11-08T02:47:51","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-petitioner-liability-florida\/"},"modified":"2026-11-09T03:37:04","modified_gmt":"2026-11-09T03:37:04","slug":"marchman-act-petitioner-liability-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-petitioner-liability-florida\/","title":{"rendered":"Can a Family Member Be Sued for Marchman Act Florida?"},"content":{"rendered":"\n
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Marchman Act & Guardianship Attorneys \u00b7 Miami-Dade & South Florida<\/p>

Worried About Being Sued Over a Marchman Act Petition? Get Clear Answers First.<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation.<\/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 7, 2026<\/p>\n\n

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Can a Family Member Be Sued for Filing a Marchman Act Petition in Florida?<\/h2>\n

The good-faith immunity in Florida’s Marchman Act covers law enforcement officers. Whether a particular family member faces any liability depends on the facts behind the petition.<\/p>\n

A Marchman Act petition is a court filing. It asks a judge to review whether a person with substance use problems should receive involuntary assessment and treatment. Under \u00a7 397.68112, on who may petition<\/a>, a spouse, legal guardian, any relative, or a service provider may file for an adult. An adult with direct personal knowledge of the person’s impairment and treatment history may file too.<\/p>\n

Families often reach this question when a loved one will not seek help. The fear of being blamed or sued is common and understandable. Understanding how the process works can help you prepare for what comes next.<\/p>\n

This page is for any family member of a person who may need help. It explains the law and does not assume your relationship to that person.<\/p>\n\n

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If you're worried that filing for a loved one could expose you to a lawsuit, we can review the facts with you before you decide what to do. 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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Chapter 397 at a Glance: Key Terms and How It Differs From the Baker Act<\/h2>\n

It covers substance use. Chapter 394 is separate and covers mental illness, which is the Baker Act side of Florida’s involuntary laws.<\/p>\n

The definitions in \u00a7 397.311<\/a> shape every case. Three terms matter most for a family member:<\/p>\n