{"id":7331,"date":"2026-10-19T01:28:09","date_gmt":"2026-10-19T01:28:09","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-marchman-act-attorney-petitioning-family-florid\/"},"modified":"2026-10-20T15:26:57","modified_gmt":"2026-10-20T15:26:57","slug":"involuntary-commitment-addiction-marchman-act-attorney-petitioning-family-florid","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-marchman-act-attorney-petitioning-family-florid\/","title":{"rendered":"Marchman Act Attorney for Family Petitioners in Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade and South Florida<\/p>

Helping Families Petition for Help When a Loved One Needs Treatment<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters, guiding relatives across South Florida and statewide through every step of the process.<\/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

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A Marchman Act attorney for family petitioners helps a relative ask a Florida court to order an assessment and, if the law’s tests are met, treatment for an adult with substance abuse impairment. The petition goes to the clerk in the county where the loved one is physically located. This guide explains who may file, what the court weighs, and how the case moves from filing to hearing, so you can see your options clearly.<\/p>\n

What a Marchman Act Petition Is and Who It Helps<\/h2>\n

A Marchman Act petition is a court filing that asks a judge to order involuntary assessment and treatment for substance abuse impairment. It is Florida’s court process for people who cannot or will not get help on their own.<\/p>\n

For an adult, the law allows certain people to file. These include a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past assessment and treatment (Fla. Stat. \u00a7 397.68112<\/a>).<\/p>\n

A second element then turns on one of these: the person needs services and their judgment is so impaired that they cannot appreciate that need or make a rational decision about it (mere refusal of services is not evidence of this); a real and present threat of substantial harm from neglect or refusal of self-care, where it is not apparent that the harm can be avoided with help from willing, able, and responsible family members or friends or through other services; or a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or, unless admitted, is likely to inflict physical harm on himself, herself, or another (\u00a7 397.675<\/a>).<\/p>\n

Fla. Stat. \u00a7 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” That point matters. A family’s case needs concrete facts, such as dates, incidents, and prior attempts at care.<\/p>\n

This process often fits families facing repeated danger. Examples include a parent watching an adult child overdose again, or a spouse who keeps finding pills hidden around the house.<\/p>\n\n

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If you are weighing a court petition for a loved one's substance use, you do not have to work through that choice alone. Talk with us about your facts. 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
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What a Marchman Act Attorney Handles for the Petitioner<\/h2>\n

A Marchman Act attorney for the petitioner reviews the facts, drafts the petition, and prepares the case for hearing. Typical work includes:<\/p>\n