{"id":8325,"date":"2026-10-20T00:34:10","date_gmt":"2026-10-20T00:34:10","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-family-out-of-county\/"},"modified":"2026-10-21T14:42:05","modified_gmt":"2026-10-21T14:42:05","slug":"marchman-act-petition-family-out-of-county","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-family-out-of-county\/","title":{"rendered":"Marchman Act Family Lives Out of State: Florida Guide"},"content":{"rendered":"\n
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Marchman Act | Miami-Dade & South Florida<\/p>

Marchman Act Help for Families Living Out of State<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Richard J. Casey III, Esq. \u00b7 Published October 19, 2026<\/p>\n\n

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The petition is filed in the county where the person is physically located, and a relative can start it from a distance. This guide explains who can file, where, and what happens next.<\/p>\n

What the Marchman Act Is and How It Differs from the Baker Act<\/h2>\n

The impairment must have caused them to lose the power of self-control with respect to substance abuse.<\/p>\n

The person must also need services and lack the judgment to see that need. 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.” Or, without care, the person must be likely to neglect themselves or refuse care, and that neglect or refusal must pose a real and present threat of substantial harm to their well-being, with no apparent way to avoid that harm through willing, able, and responsible family members or friends or other services; or there must be a substantial likelihood the person has inflicted, threatened, or attempted physical harm on themselves or another. 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.”<\/p>\n

The Baker Act is a different law. In general terms, it addresses mental health crises rather than substance use. Many families face both problems, so the facts decide which path fits.<\/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>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Who Can File a Petition and Who Can Be Petitioned<\/h2>\n

For an adult, a petition can be filed by a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and his or her prior course of assessment and treatment. That rule comes from Fla. Stat. \u00a7 397.68112<\/a>.<\/p>\n