Marchman Act

Marchman Act2023-11-28T20:28:49+00:00

Marchman Act Attorneys

The disease of addiction has devastated our communities and left families with few options to save their loved ones from this deadly disease. It’s never easy to know what to do next or when and how to act. Success in this area is usually achieved when our loved ones are consistently receiving supportive services from all directions, including case managers, interventionists, therapists, doctors, and even attorneys, all working together with the patient and family to provide the most comprehensive plan. You may be thinking, “That’s easier said than done,” because your loved one refuses to get help and continues to use alcohol or drugs. This is when a Marchman Act Attorney may be the best person to help.

What is the Florida Marchman Act?

The Marchman Act is a Florida-specific law that provides families with the ability to interrupt the cycle of addiction, before it gets worse, by petitioning the court to act immediately to mandate a 72-hour assessment, then petition for an up to 90-day mandatory treatment order, with extensions as appropriate. The Marchman Act has become the smart decision for families seeking care for their loved one in Florida.

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How can I get my loved one into treatment for substance use when they refuse?

Most families hope their loved one comes to terms with their addiction and need for treatment. Families even have the support of addiction professionals, such as doctors, therapists, interventionists, and case managers to help their loved one admit to treatment voluntarily. However, even with an experienced team of professionals working together, your loved one may resist admitting to treatment, and that is where the Marchman Act comes into play. The Marchman Act allows for involuntary admission to treatment when the addicted person is a danger to themselves or others or is in denial of their need for treatment. Florida law offers two court-related procedures, which are powerful and useful means for families to get their loved one into the treatment they need, and they work together in the following order:

  • This procedure involves filing a petition with the court. It can be filed by any family member or an adult who has direct personal knowledge of your loved one’s substance use impairment.
  • If the person is a minor, the petition may be filed by a parent, legal guardian, legal custodian, or licensed service provider.
  • The court can schedule a hearing within 10 days or issue an order immediately. We petition the court Ex Parte and as an emergency to get your loved one to treatment as soon as possible.
  • This procedure involves filing a petition with the clerk of court once your loved one has been assessed by a Qualified Professional under an Involuntary Assessment process.
  • The petition may be filed by the same petitioners as involuntary assessment and should be filed within 72 hours after the patient’s original Involuntary Admission.
  • The order can be for “up to 90 days” with extensions if your loved one needs further treatment.

How Can Robinson & Casey Help?

From the outset, we make it our priority to get to know you and your family on a personal level. It is critical that we learn all about your loved one’s life – and the stages of progression through the illness as well as what it looks like now. Robinson & Casey has the experience and resources needed to successfully manage your case. We focus on our clients and on their unique situations to achieve successful outcomes. If you are interested in learning more about your legal rights and options for your loved one’s behavioral health crisis, call immediately for a free consultation. We help walk you through all the crucial steps necessary to ensure you are fully understanding what can be done to get your loved one into treatment today. Moreover, we know the most dangerous circumstances surrounding ongoing substance use disorders, the courts and judges who might be part of your case, and the treatment facilities where your loved one can get care. We use our experience to help you fight for your loved one’s life.

We will help you arrange quality treatment.

Based on our extensive experience handling Marchman act cases and our inside industry experience working for and with treatment facilities, we understand that substance use disorder is and co-occurring disorders are not all alike and need specialized care to be addressed properly. Beyond just identifying the elements needed for the case, we are looking for the underlying behaviors that your loved one may be exhibiting as a part of continuing their substance abuse or due to their co-occurring disorder. This analysis allows us to help you best identify the treatment team that you should develop in order to get your loved one the best chances of success. Sometimes this includes hiring case management firms, interventionist, psychiatrists, sober companions, safe transportation specialists and/or behavioral health treatment facilities.

We don’t stop until we achieve the desired outcome.

We are behavioral healthcare attorneys. While some patients will voluntarily go to treatment and accept help, sometimes it is necessary to have a compulsory order keeping them on track and we are always prepared to advance your goal of saving your loved one’s life.

Robinson & Casey Consistently Obtains Outstanding Results

The Marchman Act petitions handled by Robinson & Casey have resulted in significantly positive recovery-based outcomes for our clients’ loved ones. These proceedings are confidential so we cannot share details, however, we think that our client testimonials speak for themselves.

What Should You Do Now?

Hiring an attorney with experience filing Marchman Acts is to your advantage. They will help you prepare for the legal proceedings involved and ensure that your loved one is able to get the proper care they need. The Marchman Act only applies to persons with a substance use disorder or co-occurring mental health disorder, while other related statutes include the Baker Act, Emergency Temporary Guardianship, and more. If you are unsure whether the Marchman Act or another legal process applies, an experienced Marchman Act Attorney can help advise you on the right strategy to get your loved one help.

If your loved one needs help today, call Robinson and Casey now for a free emergency consultation.

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It is our mission to help serve justice for those who have been wronged. Those seeking a compassionate and competent attorney in Boca Raton, FL should contact us today.

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