Substance use can blur the line between choice and illness, leaving families uncertain about how, or when, to step in. You’ve tried talking, reasoning, setting boundaries, but nothing seems to break through the cycle. Watching a family member spiral deeper into substance use, especially when they refuse help, is one of the most painful experiences a family can face.
In Florida, families don’t have to stand by helplessly. The Marchman Act, a state law designed to help individuals who are unable to recognize their need for treatment, offers a path forward when voluntary efforts have failed. It allows loved ones to petition the court for involuntary assessment and treatment, ensuring that someone in crisis can receive the care they need, safely and legally.
This guide will walk you through what the Marchman Act is, when it can be used, and how Florida families can take action to protect someone they care about. Whether you’re exploring options for the first time or preparing to file a petition, understanding how the Marchman Act works can help you make informed, compassionate decisions in a difficult situation.
What is the Marchman Act?
The Marchman Act is a Florida law that helps people get treatment for substance use disorder when they’re unable or unwilling to seek help on their own. It gives families, friends, and even certain professionals a legal way to step in when someone’s drug or alcohol use has become dangerous, to themselves or to others.
Named after Hal S. Marchman, a Florida legislator who championed substance use recovery, the law was created to make sure people in crisis can get medical care, assessment, and treatment in a safe environment. What makes the Marchman Act unique is that it allows for involuntary treatment, meaning a judge can order someone to go through an evaluation or enter a treatment program, even if they don’t agree to it.
The process usually begins when a concerned family member or close friend files a petition with the court. If the judge finds there’s enough evidence that the person is struggling with substance use and is unable to make safe decisions, they can order a short-term assessment and stabilization period. From there, the court may extend treatment if it’s clear that ongoing care is needed.
In simple terms, the Marchman Act is a lifeline for families who feel out of options. It’s not about punishment, it’s about protection, care, and giving someone the chance to recover when substance use disorder has taken away their ability to choose help for themselves.
Why Might a Family Consider Using the Marchman Act?
Deciding to use the Marchman Act is never easy. Most families turn to it only after every other attempt to help a loved one has failed. When someone is caught in the cycle of substance use, it can reach a point where reasoning, boundaries, and support no longer make a difference, because the person is no longer able to see how much danger they’re in.
The Marchman Act is designed for exactly those moments. Families might consider using it when:
- A loved one’s substance use has become life-threatening, or they are regularly putting themselves or others in harm’s way.
- The person has lost control over their drug or alcohol use and can’t make rational decisions about treatment.
- Voluntary efforts, like rehab, therapy, or intervention, have been refused or have repeatedly failed.
- There’s a clear pattern of decline, such as job loss, health problems, legal issues, or broken relationships tied to substance use.
For many families, filing a Marchman Act petition feels like a last resort, but it can also be a deep act of care. The goal isn’t to punish, but to protect a loved one whose substance use disorder has taken away their ability to see the need for help. The Marchman Act gives families a way to pause the spiral and create space for real recovery to begin.
Key Eligibility Criteria & Legal Standards
Because the Marchman Act allows the court to order someone into treatment, Florida law sets clear guidelines for when, and by whom, it can be used. These safeguards ensure that the process protects individual rights while getting help to those who truly need it.
To qualify under the Marchman Act, the person must:
- Be impaired by substance use, such as drugs or alcohol;
- Have lost the ability to control their use or make sound decisions about treatment; and
- Be at risk of harming themselves or others, or unable to care for their basic needs because of their substance use.
If these conditions are met, a petition can be filed asking the court to review the situation. This petition can come from a spouse, parent, legal guardian, or close relative. It can also be submitted by a concerned friend with firsthand knowledge of the person’s behavior, or in some cases, by a law enforcement officer or licensed treatment provider. The person filing must be able to clearly describe how substance use has made the individual a danger to themselves or others.
Once the petition is filed, a judge reviews the details to decide whether to order an involuntary assessment. During this time, the person is evaluated and stabilized in a safe environment. Based on those results, the court may extend care through involuntary treatment, often up to 90 days, to support recovery and prevent further harm.
It’s important to remember that the Marchman Act is a civil process, not a criminal one. Its goal is to help, not punish, someone who can no longer make safe choices because of addiction. By giving families and professionals a structured, legal way to intervene, the Marchman Act creates an opportunity for healing and stability when it’s needed most.
What families Should Know: Rights, Limitations and Practical Considerations
While the Marchman Act can be a powerful tool for helping someone in crisis, it’s important for families to understand what it can, and can’t, do. Knowing the rights and limitations involved can help you set realistic expectations and prepare for what comes next.
- The person still has rights.
Even though treatment can be court-ordered, the individual still has legal protections. They have the right to an attorney, the right to a hearing, and the right to have their case reviewed by a judge. Their medical and treatment information is also kept confidential, just like in any other healthcare setting.
- The process takes time.
Filing a Marchman Act petition isn’t immediate. It involves paperwork, documentation, and often a court appearance. In some counties, there may be waiting periods due to limited treatment beds or staffing. Families should be prepared for some delays and work closely with an attorney or local court staff to navigate the process.
- It’s not a punishment.
The Marchman Act isn’t meant to force someone into rehab as punishment, it’s meant to protect them from harm and give them a chance to get well. Once treatment begins, progress depends largely on the individual’s willingness to engage in recovery.
- There may be costs involved.
Treatment under the Marchman Act isn’t automatically covered by the state. Depending on the situation, costs may be billed to insurance, the individual, or the family. It’s important to ask about financial responsibilities before treatment begins.
- Families still play a key role.
Even after a court order, family involvement remains essential. Staying connected, offering emotional support, and planning for what happens after treatment can make a major difference in long-term recovery.
The Marchman Act gives families a way to act during a crisis, but it’s not a quick fix. It’s one step in a larger recovery journey, one that works best when combined with ongoing support, understanding, and professional guidance.
Tips for families: Best practices & what to have ready
Filing a Marchman Act petition can feel overwhelming, especially when emotions are running high and time feels short. Taking a few steps to prepare can make the process smoother and help the court understand the full scope of your loved one’s situation. Start by documenting what you’ve seen, specific examples of behavior, incidents, or patterns that show how substance use has become dangerous. Notes about hospital visits, arrests, job loss, or unsafe situations can provide the court with valuable context.
Before filing, it’s wise to speak with a professional, such as an attorney experienced with the Marchman Act or a licensed substance use specialist. They can help you navigate the legal process, complete the necessary paperwork, and ensure your petition includes the right details. It also helps to research treatment facilities ahead of time so you know where your loved one could be safely assessed or treated once the court order is granted.
As you move through this process, prepare yourself emotionally. It’s common for a loved one to resist or feel betrayed at first. Remember, substance use disorder affects judgment, and even loving interventions can feel threatening to someone in crisis. Stay patient and grounded in your intention, to help them find stability and recovery. Finally, plan for what comes next. The Marchman Act can initiate treatment, but long-term recovery takes time and support. Consider what aftercare will look like, ongoing therapy, support groups, or structured living arrangements, to help your loved one maintain progress after treatment ends.
Taking action under the Marchman Act is never easy, but careful preparation and compassion can make all the difference. By approaching the process with organization, understanding, and genuine care, families can help create the foundation for real and lasting change.
How Robinson & Casey can help
Navigating the Marchman Act process can feel complicated, especially when you’re already worried about someone you love. At Robinson & Casey, our attorneys guide families through every step—from preparing and filing the petition to representing you in court and coordinating with treatment providers. We understand how emotional and urgent these situations can be, and we approach each case with compassion, discretion, and experience.
Our goal is to make the legal process less intimidating so you can focus on what truly matters—helping your loved one get the care they need. If you’re considering filing under the Marchman Act or want to better understand your options, our team is here to answer your questions and help you take the next step with confidence.
