{"id":7214,"date":"2026-10-18T09:25:12","date_gmt":"2026-10-18T09:25:12","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-after-overdose-hospital-discharge-florida\/"},"modified":"2026-10-20T15:33:39","modified_gmt":"2026-10-20T15:33:39","slug":"marchman-act-after-overdose-hospital-discharge-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-after-overdose-hospital-discharge-florida\/","title":{"rendered":"Marchman Act After Overdose: Miami-Dade Family Guide"},"content":{"rendered":"\n
<\/span>\"Judge
\n

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

After an Overdose, Your Family Still Has Options<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida, and across Florida. Richard J. Casey III, Esq. leads each matter with our support team.<\/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 18, 2026<\/p>\n\n

\n\n

Many families face a loved one released from hospital after overdose Florida treatment questions with little warning. A Marchman Act petition is a court filing that asks a Florida judge to order assessment, stabilization, or treatment for an adult with a substance use impairment. A hospital discharge doesn’t end your options. This page explains how the process works, who can file, and what to do right now.<\/p>\n

What Is a Marchman Act Petition?<\/h2>\n

A Marchman Act petition is a court request for help for an adult who cannot decide about treatment on their own. Under \u00a7 397.675<\/a>, a person meets the criteria for involuntary admission if there is good faith reason to believe they are substance abuse impaired. The impairment must also leave them without self-control over substance use.<\/p>\n

An overdose is often what prompts the call. But the court looks at impairment and judgment, not the overdose alone. For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and past treatment, under \u00a7 397.68112<\/a>.<\/p>\n

Guardianship is a separate matter. It deals with whether a person can manage their personal or financial affairs. Some families need to understand both.<\/p>\n\n

\n

If your loved one is home after an overdose and you don't know what comes next, we'd be glad to talk through your options in a free, confidential first consultation. 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
\"South<\/figure>\n

Does a Hospital Discharge End Your Options?<\/h2>\n

No. A hospital discharge is a medical decision made by the treating team. Your family’s options continue after the patient leaves.<\/p>\n

How long someone stays in the hospital depends on their medical condition. The medical team decides when discharge is appropriate. A lawyer does not make that call.<\/p>\n

The common gap looks like this:<\/p>\n