Florida’s Marchman Act allows you to petition for someone to receive an evaluation and any necessary treatment, generally for drug or alcohol addiction. This act has been in effect for more than three decades, and it is more necessary than ever. Countless families in Florida are negatively affected by addiction, and many are at their wit’s end when it comes to saving their struggling loved ones.
The Marchman Act can be a lifeline—and, in many cases, a last chance—for those who cannot convince someone to get treatment on their own. Hire a Florida Marchman Act attorney to file your petition and help with every other aspect of your case.
The Marchman Act Was Created for the Countless Floridians Seeing Loved Ones Struggle
The Marchman Act became Florida law in 1993, and it has saved an unknown number of lives since it came into effect. This legislation:
- Was created in response to an age-old problem, which is people being unwilling or unable to help themselves—and caring individuals who refuse to let them die from substance abuse
- Created a legal path for guardians, parents, siblings, children, friends, colleagues, and other caring individuals to help those in need, even if the person in need does not currently want the treatment
- Has been responsible for an unknown, but surely large, number of people saved and lives turned around
The Marchman Act is a complex document that is subject to change. Having a lawyer explain the act to you and guide you through any legal process you pursue will be immensely helpful. You don’t have a second to waste when it comes to a loved one’s safety, so do not wait to reach out to a Marchman Act attorney.
Who Might Need to File a Marchman Act Petition in Florida?
Those who may file a Marchman Act petition include:
- Parents
- Children whose parents are suffering from substance abuse
- Siblings
- Legal guardians
- Those familiar with someone’s addiction problems
- Anyone who feels another person is at imminent risk due to their addiction struggles
An individual without a direct blood relation or legal relationship may even have the capacity to enact a Marchman Act petition. This is particularly true as of last year, when legislators updated the statute to give the court more flexibility to help those struggling with addiction.
If You Want to File a Marchman Act Petition, the First Step Is Hiring a Lawyer
There are many compelling reasons to let an attorney help with your Marchman Act petition. Some of the reasons worth noting are:
- The life-threatening nature of addiction: 7,551 Floridians lost their lives to overdose deaths in 2022, the latest year from which data is available. Many more died from alcohol-related complications. There is no time to wait when pursuing a Marchman Act petition.
- The complexity of the Marchman Act: Like most legal statutes, the Marchman Act is difficult for non-lawyers to comprehend. Our Marchman Act attorneys are familiar with this statute, and we will translate it for you in understandable terms.
The risks of your Marchman Act petition falling short are far too great to tolerate. Let an attorney file your petition as quickly as possible.
Steps Your Attorney Will Take to File the Petition
Your Marchman Act lawyer will meet with you, learn about the person you are trying to save, and form a personalized plan of action. Expect your lawyer to then:
File the Petition
A Marchman Act petition must:
- Be filed in the appropriate court
- Be filed with the proper formatting
- Name both the petitioner (you) and the respondent (the person you are seeking to have evaluated and treated)
- Detail the reasons why you believe the respondent should be involuntarily committed for evaluation and treatment (if they do not agree to these steps voluntarily)
Experienced attorneys know exactly what information a Marchman Act petition must contain and where the petition must be filed. Your lawyer will tailor the petition to reflect your loved one’s struggle and the specific concerns you have for their wellbeing.
Represent You in Any Hearings Related to the Petition
If the court in which your lawyer files a petition elects to have a hearing, your attorney will represent you during these proceedings. You should know that:
- If the judge overseeing the petition orders a hearing, the person named in the petition will have to attend the hearing unless the court decides their presence might be harmful
- The court must hear all relevant evidence, which will likely mean hearing why you chose to file the petition
When you file a Marchman Act petition, you don’t do so lightly. You want to get your loved one the help they need, and you’ll need a judge’s assistance to do that. Your attorney will make your case during any hearing that arises from your Marchman Act petition.
Advise You If the Court Elects to Act on the Petition
A hearing may not happen, though, if the court authorizes the involuntary assessment of the person named in the petition. A judge can elect to do this if they find that the content of the petition offers enough evidence.
A judge may also rule that the person named in the petition requires evaluation, stabilization, and treatment after the hearing concludes. In either case, your attorney will explain the steps ahead if your loved one is ordered to receive treatment.
Help You as Your Loved One Is Evaluated
If the court orders your loved one to undergo an evaluation, the next steps may include:
- Your loved one seeing multiple qualified professionals for evaluation, stabilization, and treatment
- Your loved one voluntarily remains in treatment
- Your loved one being required to remain in treatment (by order of the judge’s ruling)
The goal is for your loved one to receive and complete treatment. You will be able to rely on your lawyer throughout the process ahead.
Hire Your Florida Marchman Act Lawyer as Soon as Possible
The Marchman Act can be a lifesaver, literally. If you want more information about this Act or are ready to proceed with a petition, do not wait to find the Florida Marchman Act lawyer to fight for you and the person you’re trying to help.
