{"id":9565,"date":"2026-10-21T07:42:46","date_gmt":"2026-10-21T07:42:46","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-consultation-before-filing\/"},"modified":"2026-10-21T14:46:09","modified_gmt":"2026-10-21T14:46:09","slug":"marchman-act-consultation-before-filing","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-consultation-before-filing\/","title":{"rendered":"Marchman Act Consultation Before Filing in Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | South Florida and Statewide<\/p>

Talk Through Your Marchman Act Options Before You File<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida, and across Florida. Your first consultation is free, confidential, and carries no obligation to continue.<\/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 21, 2026<\/p>\n\n

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A Marchman Act consultation before filing in Florida is a confidential first conversation about whether a court petition for substance abuse treatment may fit your family’s situation. It takes place before anything is filed. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving South Florida and statewide.<\/p>\n

If a loved one’s drinking or drug use is putting their health, home, or safety at risk, you may feel stuck between waiting and acting. This guide explains the eligibility standards, the evidence a petition needs, and the court steps, so you can weigh your options with clear facts.<\/p>\n

What a Marchman Act Consultation Is and Who It Is For<\/h2>\n

A Marchman Act consultation is a first meeting where an attorney reviews whether a petition for involuntary assessment or treatment may fit the facts. The goal is to test your situation against Florida’s standards before any decision about court is made.<\/p>\n

Flagler County’s Marchman Act overview<\/a> describes that scope.<\/p>\n

Families who reach out are often a parent, spouse, adult child, sibling, or close friend. Florida law limits who may file for an adult. A spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment may file. Fla. Stat. \u00a7 397.68112<\/a> sets out that list.<\/p>\n

Many people come in on someone else’s behalf, often in the middle of a crisis they did not choose. If you’re not sure you qualify to file, bring that question to the consultation.<\/p>\n

The first consultation is free, confidential, and carries no obligation to continue.<\/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

Core Eligibility Requirements Under the Marchman Act<\/h2>\n

A court may order involuntary assessment only if there is a good-faith reason to believe the person is substance abuse impaired. The person must also have lost the power of self-control over substance use. Fla. Stat. \u00a7 397.675<\/a> sets out that standard, which also covers a person who has a substance use disorder and a co-occurring mental health disorder. It also requires one more thing, because of the impairment or disorder. Either the person needs substance abuse services and their judgment is so impaired that they cannot appreciate that need or make a rational decision about it (merely refusing services is not evidence of this). Or, without care or treatment, the person is likely to suffer from neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and it is not apparent that willing, able, and responsible family members or friends or other services can prevent that harm. Or there is a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on themselves or another.<\/p>\n

The statute then requires one of two things. First, the person needs services and, because of impairment, can’t appreciate that need or make a rational decision about it. Second, without care, the person is likely to neglect themselves and faces a real and present threat of substantial harm. 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 harm must not be avoidable through willing, able, and responsible family members, friends, or other services. 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

A third path covers physical harm. It applies when there is a substantial likelihood the person has inflicted, threatened, or attempted physical harm on themselves or someone else, or, unless admitted, is likely to inflict physical harm on themselves or another.<\/p>\n

A simple refusal of help is not enough by itself. The statute says a mere refusal to receive services does not prove a lack of judgment about the need for them. 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

In a consultation, the attorney compares these standards with what you can actually show. General worry about someone’s drinking is a starting point, not proof.<\/p>\n

Evidence and Information a Petition Needs<\/h2>\n

A petition must name the people involved, state how they are related, and set out the facts behind the belief that the person is impaired. Fla. Stat. \u00a7 397.68141<\/a> requires the name of the respondent and of the petitioner, their relationship, the name of the respondent’s attorney if known, and the factual allegations establishing the need for services.<\/p>\n

A petition can also include a report from a qualified professional who examined the person within 30 days before filing. If the person was never assessed, or refused an assessment, the petition must say so.<\/p>\n

Before a consultation, many families gather:<\/p>\n