{"id":21572,"date":"2026-11-10T09:30:03","date_gmt":"2026-11-10T09:30:03","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/represent-petitioner-marchman-act-florida\/"},"modified":"2026-11-10T13:05:57","modified_gmt":"2026-11-10T13:05:57","slug":"represent-petitioner-marchman-act-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/represent-petitioner-marchman-act-florida\/","title":{"rendered":"Marchman Act Petitioner Attorney in Florida"},"content":{"rendered":"
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Marchman Act Petitioner Attorney in Florida<\/h1>\n

You’re worried about someone you love, and you want to know whether a Florida court can step in. Under the Marchman Act, the family member who asks for that help is called the petitioner. If you are the family member filing a petition so a Florida court can step in for your loved one, our firm represents you as the petitioner, not your loved one named in the petition.<\/p>\n

Once you understand the petitioner’s role, it helps to know what the firm does for families and what to expect as the case moves through court.<\/p>\n

What the Petitioner Does Under the Marchman Act<\/h2>\n

The petitioner is the person who files a petition asking a court to order assessment and treatment for someone with a substance use problem. Because due process is implicated, we conclude that a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings (Hillsborough County v. Albrechta<\/a>).<\/p>\n

Who may file.<\/strong> Under Fla. Stat. \u00a7 397.68112<\/a>, an adult’s petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior treatment.<\/p>\n

What the petition must say.<\/strong> The petition names the person (the respondent) and the petitioner, and states how they are related. It also gives the facts behind your belief that the person is impaired and has lost self-control. Fla. Stat. \u00a7 397.68141<\/a> sets out these required contents, which also include the name of the respondent’s attorney, if known, and the reason the petitioner believes the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services, or that the respondent’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that the respondent cannot appreciate the need for care or make a rational decision about it.<\/p>\n

Signed under penalty.<\/strong> When a law requires a document to be verified, Florida allows a written declaration that the facts are true, made “under penalties of perjury.” A person who knowingly makes a false declaration commits a third-degree felony under Fla. Stat. \u00a7 92.525<\/a>.<\/p>\n

According to J.C. v. State<\/a>, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare<\/a>, the Fifth District held that a trial court failed to follow the statute when, with the petitioner absent, it called and questioned the health care professional. A Fourth District court has noted a conflict with that line of cases in J.J.J. v. D.G.<\/a>, so treat this rule as Fifth District law, not a statewide one.<\/p>\n

Testimony.<\/strong> Family members often testify. Under Fla. Stat. \u00a7 397.6957<\/a>, the court hears all relevant evidence, including testimony from people such as family members familiar with the respondent’s history and the qualified professional’s assessment, and witnesses may attend remotely and, as appropriate, testify under oath by audio-video technology, but a witness who plans to attend and testify remotely must give the parties all relevant documents by the close of business on the day before the hearing.<\/p>\n

Who This Page Is For and What the Firm Does for the Petitioner<\/h2>\n

This page is for a parent, spouse, adult child or sibling who is weighing a Marchman Act petition for a loved one. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.<\/p>\n

For petitioners, the firm’s work typically includes:<\/p>\n