{"id":6849,"date":"2026-10-17T04:25:29","date_gmt":"2026-10-17T04:25:29","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-vs-guardianship-addicted-adult-florida\/"},"modified":"2026-10-20T15:54:13","modified_gmt":"2026-10-20T15:54:13","slug":"marchman-act-vs-guardianship-addicted-adult-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-vs-guardianship-addicted-adult-florida\/","title":{"rendered":"Marchman Act vs Guardianship for Addiction in Florida"},"content":{"rendered":"\n
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Florida Marchman Act and Guardianship Guide<\/p>

Marchman Act or Guardianship for Addiction: Understanding Your Options in Florida<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. Learn how these two paths differ, then speak with Richard J. Casey III, Esq. about your family's situation.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 17, 2026<\/p>\n\n

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The Marchman Act and guardianship are two separate Florida court routes. Under Fla. Stat. \u00a7 744.331<\/a>, notice of the filing of a petition to determine incapacity, with copies of the petitions, must be served on and read to the alleged incapacitated person, and copies must also be given to that person’s attorney and served on all next of kin identified in the petition. Which route fits depends on the facts, and the court decides.<\/p>\n

Two Florida processes, two different legal tracks<\/h2>\n

The Marchman Act and guardianship are separate statutory schemes. They don’t work the same way, and they answer different questions.<\/p>\n

One of the criteria in section 397.675<\/a> is that the person has lost the power of self-control with respect to substance abuse. The section lists other criteria that must also be met, and the court decides whether they are. It covers involuntary assessment, stabilization, and treatment for substance-use impairment. Guardianship of an adult found incapacitated is addressed in chapter 744, Florida Statutes.<\/p>\n

A family may look at one track, the other, or both. The court decides which, if either, applies. Other requirements may apply to each route.<\/p>\n

If your question centers on court-ordered treatment, start with our parent guide on involuntary commitment for addiction<\/a>.<\/p>\n\n

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If your adult child's drinking or drug use is putting their safety or money at risk, our team can help you sort out which route fits your facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Side-by-side comparison of the two routes<\/h2>\n

The Marchman Act asks whether an adult meets substance-use criteria. Guardianship and capacity research<\/a> asks whether an adult is incapacitated and needs someone to hold decision-making authority.<\/p>\n\n

\n\n\n\n\n\n\n\n\n\n\n
Point<\/th>\nMarchman Act (ch. 397)<\/th>\nGuardianship (ch. 744)<\/th>\n<\/tr>\n<\/thead>\n
Governing statute<\/td>\n\u00a7 397.675<\/a> sets involuntary admission criteria<\/td>\n\u00a7 744.334<\/a> sets petition contents for a guardian<\/td>\n<\/tr>\n
Primary subject<\/td>\nSubstance-use impairment<\/td>\nAn adult’s incapacity and the authority a court assigns<\/td>\n<\/tr>\n
Question for the court<\/td>\nWhether criteria for involuntary treatment are met<\/td>\nWhether the adult is incapacitated and what authority a guardian needs<\/td>\n<\/tr>\n
Who may file, as the statute states<\/td>\nFor an adult: spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge (\u00a7 397.68112<\/a>)<\/td>\nAn adult may execute a petition to determine incapacity<\/a><\/td>\n<\/tr>\n
What the petition must show<\/td>\nFactual allegations of the need for services (\u00a7 397.68141<\/a>)<\/td>\nVerified facts, the extent of guardianship sought (plenary or limited), and why alternatives fall short (\u00a7 744.334<\/a>)<\/td>\n<\/tr>\n
Range of orders<\/td>\nInvoluntary treatment for up to 90 days when proved by clear and convincing evidence (\u00a7 397.697<\/a>)<\/td>\nAppointment of a guardian with rights removed and delegated as the court orders (\u00a7 744.3215<\/a>)<\/td>\n<\/tr>\n
What it does not address<\/td>\nAppointing a guardian to hold an adult’s rights<\/td>\nCourt-ordered substance-use treatment as such<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/figure>\n\n

It does not list every required finding. Other requirements may apply, and the court decides. Hearing and order timing depend on the court’s schedule and discretion.<\/p>\n

What the Marchman Act addresses under chapter 397<\/h2>\n

A Marchman Act petition asks a court to consider whether an adult’s substance-use impairment calls for assessment, stabilization, or involuntary treatment. The criteria appear in \u00a7 397.675<\/a>. Florida Marchman Act overview<\/a><\/p>\n

The statute requires a good faith reason to believe the person is substance abuse impaired. The person must also have lost the power of self-control with respect to substance abuse. The statute says “mere refusal to receive such services does not constitute evidence of lack of judgment.”<\/p>\n

When a petitioner asserts emergency circumstances, the court may rely solely on the petition. Under \u00a7 397.6818<\/a>, the court may then enter an ex parte order without appointing an attorney. A provider may not hold the person for more than 72 hours of observation, unless listed exceptions apply.<\/p>\n

The court decides how these points apply to a given case.<\/p>\n

What guardianship under chapter 744 addresses<\/h2>\n

Guardianship under chapter 744 is a probate court process. A judge may appoint a guardian for an adult found incapacitated, and the court sets the scope of that authority.<\/p>\n

An adult may execute a petition to determine incapacity<\/a>. The petition must be verified and must state the facts behind the belief of incapacity. Under \u00a7 744.334<\/a>, the petition must also state whether the guardianship is plenary or limited. Fla. Stat. \u00a7 744.334<\/a> refers to any other type of guardianship under part III of this chapter, and a petition must state the extent of guardianship desired, either plenary or limited.<\/p>\n

Emergency temporary guardianship works differently. Under \u00a7 744.3031<\/a>, a court may appoint an emergency temporary guardian after a petition is filed. The court must find that imminent danger appears. The statute says the emergency authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first. It may be extended for another 90 days if emergency conditions still exist.<\/p>\n

A guardian is a fiduciary. Under \u00a7 744.361<\/a>, the guardian may exercise only the rights removed from the ward and delegated to the guardian. Guardianship focuses on the adult’s rights and decisions. A Marchman petition focuses on substance-use treatment.<\/p>\n

Which situations point toward each route<\/h2>\n

A situation centered on substance-use impairment may point toward the Marchman Act track. That fits when the question is assessment, stabilization, or treatment. A situation centered on an adult’s broader ability to manage personal or financial decisions may point toward guardianship.<\/p>\n

Take two examples. In the first, an adult’s drinking has led to dangerous driving, and the adult refuses help. Refusal alone does not show lack of judgment under the statute. So the facts about impairment and harm matter a great deal.<\/p>\n

In the second, an adult’s drug use has led to lost income, unpaid bills, and confusion about money. The main concern is the adult’s capacity to manage property and decisions. That concern may point toward guardianship.<\/p>\n

Neither route is better. Each fits a different set of facts, and the court decides.<\/p>\n

When the two tracks overlap and how the court decides<\/h2>\n

One situation can touch both chapters.<\/p>\n

A guardian may not commit a ward to a facility without specific court authority, and without formal placement proceedings under chapter 393, 394, or 397 (\u00a7 744.3215<\/a>).<\/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>

Get a free consultation<\/a><\/div>
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Questions to bring to a consultation<\/h2>\n

Before you call, gather a few facts. Write down recent substance-use events and any safety concerns you have seen. Collect any court papers, orders, or notices you have received. Note where the adult is living now, because location can matter to where a petition is filed.<\/p>\n

Under \u00a7 397.68111<\/a>, the statute addresses who may be the subject of a petition for involuntary treatment. Its listed alternative conditions, such as an assessment by a qualified professional within the period the statute specifies, apply in addition to the requirement that the person reasonably appears to meet the criteria of \u00a7 397.675. Other requirements may also apply, and the court decides whether the petition should be granted. Bring any assessment records you have. Other requirements may apply.<\/p>\n

Consider a parent deciding whether a Marchman petition or a guardianship filing fits an adult child whose drinking puts the child’s safety and bank account at risk. Sorting the facts above is a useful first step.<\/p>\n

The first consultation is free, confidential, and carries no obligation to continue. To talk through your situation, call Robinson Casey at (561) 849-4149 or request a consultation<\/a>.<\/p>\n

This page is the responsibility of Richard J. Casey III, Esq., of Robinson Casey.<\/p>\n

Frequently asked questions<\/h3>
Who can file a Marchman Act petition?<\/summary>

For an adult, \u00a7 397.68112<\/a> lists a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge. Other requirements may apply, and the court decides.<\/p><\/details>

How long can involuntary treatment last?<\/summary>

Under \u00a7 397.697<\/a>, the court may order treatment for up to 90 days when clear and convincing evidence supports it.<\/p><\/details>

How long does emergency temporary guardianship last?<\/summary>

Under \u00a7 744.3031<\/a>, the authority expires 90 days after appointment or when a guardian is appointed, whichever comes first.<\/p><\/details><\/article>\n