{"id":6181,"date":"2026-10-14T03:35:36","date_gmt":"2026-10-14T03:35:36","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/can-you-forcefully-put-someone-in-rehab\/"},"modified":"2026-10-21T14:31:33","modified_gmt":"2026-10-21T14:31:33","slug":"can-you-forcefully-put-someone-in-rehab","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/can-you-forcefully-put-someone-in-rehab\/","title":{"rendered":"Can You Forcefully Put Someone in Rehab in Florida?"},"content":{"rendered":"\n
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Marchman Act & Guardianship Matters in Florida<\/p>

Can You Forcefully Put Someone in Rehab in Florida?<\/h1>

Florida law sets out a court process for involuntary substance use treatment. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, and Richard J. Casey III, Esq. is the responsible attorney.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Richard J. Casey III, Esq. \u00b7 Published October 13, 2026<\/p>\n\n

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Can you forcefully put someone in rehab in Florida? In some situations, yes, but only through a court process. A relative’s wish alone is not the legal test. The judge decides, based on the statute’s criteria and the evidence.<\/p>\n

This page explains the basics in plain language. It is general information, not legal advice about your case.<\/p>\n

What “Forcing Someone Into Rehab” Means Under Florida Law<\/h2>\n

Court-ordered treatment is a legal process, not a family intervention. If you’re asking whether you can forcefully put someone in rehab, this page is a starting point. Families often plan a talk and hope the person agrees to get help. Involuntary treatment is different. It starts with a petition filed in court, and a judge decides.<\/p>\n

The statute uses its own terms, such as involuntary admission and involuntary treatment services. It says a person meets the criteria for involuntary admission if there is a good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. Section 397.675, Florida Statutes, sets out additional findings about the person’s loss of self-control with respect to substance abuse, their need for services, and related risks, and other requirements also apply. The court decides whether these criteria are met based on the evidence and its discretion. Fla. Stat. \u00a7 397.675<\/a><\/p>\n

Simply refusing services does not, by itself, show a lack of judgment. Your relationship to the person also matters. An adult and a minor fall under different filing rules.<\/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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Who Can File, and What a Petition Must Address<\/h2>\n

For an adult, the statute names who may file. That includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past treatment. Fla. Stat. \u00a7 397.68112<\/a><\/p>\n

For a minor, a parent, legal guardian, or service provider may file. Fla. Stat. \u00a7 397.68112<\/a><\/p>\n

A petition must name the person and the petitioner. It must state their relationship and the person’s attorney, if known. It must also give the facts behind the request. Those facts should explain why the petitioner believes the person is impaired, has lost self-control, and either faces a risk of harm or refuses care because judgment is impaired. Fla. Stat. \u00a7 397.68141<\/a><\/p>\n

A petition may include a report from a qualified professional who examined the person within 30 days before filing. If the person was not assessed, the petition must say so. Fla. Stat. \u00a7 397.68141<\/a><\/p>\n

Accuracy matters because a petition is a court filing. Other requirements may apply. The court decides whether the petition meets the statute.<\/p>\n

How the Marchman Act Process Generally Works<\/h2>\n

The process generally moves from filing, to counsel and notice, to assessment, and then to a hearing.<\/p>\n

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  1. Filing.<\/strong> The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a filing fee for it. Fla. Stat. \u00a7 397.681<\/a><\/li>\n
  2. Counsel.<\/strong> The court decides whether the person has a lawyer or should have one appointed. Fla. Stat. \u00a7 397.68151<\/a><\/li>\n
  3. Hearing date.<\/strong> The statute says the court shall schedule a hearing within 10 court working days unless a continuance is granted. Fla. Stat. \u00a7 397.68151<\/a><\/li>\n
  4. Emergency orders.<\/strong> If emergency circumstances exist, the court may rely on the petition alone. It may enter an ex parte order for assessment and stabilization without appointing an attorney. Fla. Stat. \u00a7 397.6818<\/a><\/li>\n
  5. Assessment.<\/strong> The statute says a person may not be ordered into treatment without a clinical assessment, unless the person is present and expressly waives it.<\/li>\n
  6. Hearing.<\/strong> The person generally must attend, unless the court makes the findings the statute lists. The court may hear from family members, and testimony is taken under oath. Fla. Stat. \u00a7 397.6957<\/a><\/li>\n<\/ol>\n

    The 10-day figure is a scheduling rule in the statute. It is not a promise of when any hearing will happen. Actual dates depend on the court’s calendar, any continuance, and its discretion.<\/p>\n

    Florida’s appeals courts<\/a> have not settled every procedural question.<\/p>\n

    What a Court May Order, and What It Cannot Promise<\/h2>\n

    If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment services for up to 90 days.<\/p>\n