{"id":7128,"date":"2026-10-18T03:46:30","date_gmt":"2026-10-18T03:46:30","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-talk-to-a-lawyer-family-refuses-treatment\/"},"modified":"2026-10-21T14:36:28","modified_gmt":"2026-10-21T14:36:28","slug":"involuntary-commitment-addiction-talk-to-a-lawyer-family-refuses-treatment","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-talk-to-a-lawyer-family-refuses-treatment\/","title":{"rendered":"Lawyer for Family Member Who Refuses Treatment, Florida"},"content":{"rendered":"\n
<\/span>\"Legal
\n

Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

When a Family Member Refuses Treatment, You Don't Have to Figure Out the Court Process Alone<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Call (561) 849-4149 or schedule a consultation to talk through your situation.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

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

\n\n\n

Your Loved One Refuses Treatment: What Florida Law Can and Cannot Do<\/h2>\n

A family member can ask a Florida court for help even when the person says no to treatment. Under Fla. Stat. \u00a7 744.3201<\/a>, a petition to determine incapacity of a person may be executed by an adult person.<\/p>\n

Watching someone you love use more, lose ground, and reject every offer of help is exhausting. Most families reach this point after they have already tried talking it through. Refusal can feel like a dead end. Florida law gives families court-based options, though.<\/p>\n

This page covers the main routes: a Marchman Act petition, an emergency order, and guardianship options. It also explains what a judge must find. For a simpler overview, read our Marchman Act guide for families<\/a>. No lawyer can promise how a judge will rule. Each case turns on its own facts and evidence.<\/p>\n\n

\"Close-up<\/figure>\n\n
\n

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>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Can a Family Member Force Someone Into Rehab in Florida?<\/h2>\n

A family member cannot force treatment on their own. Florida builds the process around a court petition and a court order.<\/p>\n

The law says who may file. For an adult, a petition can come from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse and prior treatment (Florida petition filing rules<\/a>).<\/p>\n

The judge decides, not the family. Before ordering treatment, the court must find the conditions proved by clear and convincing evidence. A treatment order can last up to 90 days (court treatment order rules<\/a>).<\/p>\n

Involuntary commitment for addiction is a court process. It includes notice to the person, a hearing, and findings. Skipping those steps can create safety risks for your loved one and your family.<\/p>\n

Does Your Loved One Qualify? Marchman Act vs. Baker Act<\/h2>\n

Your loved one may qualify if a judge has good faith reason to believe they are impaired by substance use and have lost self-control because of it. The judge must also find either impaired judgment or a serious risk of harm (\u00a7 397.675 criteria<\/a>).<\/p>\n

Refusal alone is not enough. The statute says that “mere refusal to receive such services does not constitute evidence of lack of judgment.” Your petition needs specific facts.<\/p>\n

The facts that matter most include:<\/p>\n