Many of us are aware of the emotional hardships that come when a loved one is succumbing to their addictions. While hope can seem lost at times, there are resources to help those who are suffering. We’ve discussed the benefits of The Marchman Act in previous posts, but a variety of our clients still have questions on the ways in which it’s executed, its efficacy, etc. Thankfully, our team of Marchman Act attorneys at Robinson & Casey Law will address many of your inquisitions. We will be covering frequently asked questions of The Marchman Act in Florida.
What Is The Marchman Act in Florida?
The disease of addiction has left many families in shambles. Treating addiction is more complex than people realize. Sure, there are a few different routes you can take, but from our experience, recovery is best achieved when your loved one is receiving consistent support and specialized services. The first step in creating a successful treatment plan starts with getting your loved one into a substance use disorder treatment facility.
We understand that all of this might sound nice as an idea, but what if you could take legal action to help the person struggling with addiction? Legal intervention for treatment comes with its own set of difficulties, but this is where the Marchman Act comes into play. The Marchman Act, or the Florida Substance Abuse Impairment Act, is a Florida specific-law that gives families the chance to petition the court for legal intervention, which would require that their loved one is admitted into treatment. The state of Florida has recognized substance use disorder as a disease that disrupts the whole family dynamic and even society. The act gives families the power to disrupt the cycle of addiction before it manifests into something worse.
Common Questions About the Marchman Act
The Marchman Act has successfully helped many families deal with a family member who is dealing with uncontrollable addictions. Many families that are seeking relief from their loved one’s choatic behavior have these questions that you may have as well:
- Is there a difference between the Marchman Act vs. the Baker Act
- Will the Marchman Act be on my loved one’s Record?
- If you Marchman Act a Loved One Will They Get Treatment?
- Who Can Invoke the Marchman Act?
- What are the Advantages of the Marchman Act?
- How do I File the Marchman Act?
Who Can Invoke The Marchman Act?
Blood relatives, spouses, or person with direct knowledge of a person’s substance abuse are permitted to invoke The Marchman Act. In order to invoke the act, you have to be able to prove that the person is doing harm to themselves and are incapable of appreciating his/her own need for treatment. In many scenarios, once you file the paperwork, the person in question may voluntarily go into treatment on their own.
Where Do I File The Service Petition?
The service petition needs to be filed in the county where the person is located, but Florida residency is not a requirement. If the person is filing on behalf of an adult, a petition for involuntary assessment and stabilization can be filed by the respondent’s spouse, legal guardian, service provider, or adult with knowledge of the substance abuse impairment. On the other hand, if the petition is being filed on behalf of a minor, a petition for involuntary service can be filed by a legal guardian, parent, or service provider.
Factual Allegations That Establish The Need Of Involuntary Treatment
- The reason for the petitioner’s belief that the person is impaired by their substance abuse
- The reason for the petitioner’s belief that due to the impairment, the individual has lost the ability to demonstrate self-control with their substance use.
- There is reason to believe that the affected person can inflict harm on themselves or others (unless the court orders involuntary services)
- There is suspicion that the respondent’s refusal to accept care is based on judgment; the affected person is incapable of appreciating the need for care and is unable to make a sound decision for receiving care.
Working With Professional Marchman Act Attorneys
Marchman Act attorneys can help you prepare for the legal proceedings that come when invoking The Marchman Act. Robinson & Casey Law will ensure that you are kept abreast of your rights, while guaranteeing that your loved one is in great hands. To finalize your involvement with our team, contact us today!
