When To Seek Legal Help For A Loved One Struggling With Addiction

Watching a loved one struggle with substance abuse is an emotionally distressing and challenging experience. Whether they have developed an increasing dependence on alcohol to manage stress, continue using prescription pain medication long after surgery, or exhibit signs of drug addiction, it is crucial to take action. However, knowing when it’s the right time to intervene, and how to go about it, can be overwhelming. From conducting an intervention to getting legal help for addiction management, there are many ways you can take steps to support your loved one and help them begin the journey to sobriety.

Recognizing The Signs Of Substance Abuse

Identifying substance abuse can be difficult, especially if your loved one does not exhibit obvious signs. However, observing changes in behavior, physical appearance, and daily functioning can provide insight into whether intervention is necessary. It’s also crucial to remember that substance abuse may present differently depending on the particular substance your loved one is addicted to.

In the United States, alcoholism is among the most prevalent forms of addiction, but opioid and methamphetamine use disorders are also widespread.

The nature of the substance often influences how visible the addiction is. Alcohol consumption, being socially acceptable, may be easier to detect, while drug use is frequently concealed due to social stigma and illegal consequences. Key indications of substance abuse include:

• They are struggling to meet their financial obligations and often ask for money
• They are having issues at work or school, including absenteeism
• They seem to be irritable, moody, and withdrawn
• They spend a lot of time obtaining the substance or recovering from its effects
• Their physical appearance has changed (for example, they have lost or gained weight quickly, have poor skin, or appear unkempt – most noticeable in the case of addictions to hard drugs)
• They have stopped participating in social and recreational activities they used to enjoy
• Their relationships with friends and family have deteriorated
• They appear to be suffering from withdrawal

Recognizing the signs can be alarming, but it’s the first step to determining whether legal help is necessary.

Approaching Difficult Conversations

Addressing a loved one’s substance abuse is never easy, regardless of the severity of their condition. Avoid staging a television drama-style intervention with multiple participants – this can be overwhelming, and they may feel attacked. Rather have a one-on-one conversation, or include only one or two friends or family members. It’s a good idea to start by framing the conversation as coming from a place of love and concern: explain that you have their best interests at heart and that you want to see them live a happy, healthy, long life.

Refrain from using punitive language or adopting the ‘tough love’ approach – remember that addiction is a mental illness and that one can raise concerns about someone’s behaviors without criticizing them as a person. Most importantly, offer to support them in whatever way they need – whether this be through facilitating their entry into a treatment facility for addiction through legal help, or helping them to find a support group. Lastly, remember to set appropriate boundaries and look after your own well-being during this challenging time.

Recognizing When Legal Help For Addiction Is Necessary

Ideally, you want your loved one to recognize that they have a substance use disorder and voluntarily enter treatment. Unfortunately, however, people struggling with addiction are often unwilling to acknowledge that they have a problem. In this scenario, you will need to consider obtaining legal help. The decision to place your loved one in a treatment facility involuntarily is no doubt fraught, but it’s important to remember that the steps you take now could ultimately save their life. If your loved one’s health, career, relationships, and financial position have been jeopardized by their substance use, you need to take action as soon as possible.

The Marchman Act – A Legal Path To Treatment In Florida

In Florida, a special legal mechanism exists for placing individuals battling substance use into rehabilitation facilities in circumstances where they are unwilling to enter treatment or unable to make the decision to save themselves. This mechanism is provided for in the Marchman Act. The Act allows concerned family members to file a petition asking the court to potentially order their loved one to be taken into custody by law enforcement and placed in a receiving facility, where they will be evaluated for a substance abuse disorder by a qualified professional. Thereafter, the Court can order someone into treatment for up to ninety (90) days, which can be repeated. The court may grant the petition if it includes sufficient evidence demonstrating that:

• the person who is the subject of the proceedings no longer has the power of self-control in relation to their substance use;
• has refused treatment (or cannot make a rational decision about whether they need treatment);
• and are at risk of harming themselves or others if they do not access treatment.

Navigating the applicable court procedures and preparing a strong petition can be complex and confusing for the uninitiated. Obtaining experienced legal help for your case is highly recommended. An attorney with expertise in Marchman Act cases will be able to guide you on the kind of evidence that needs to be collated, draft your petition, and manage all court correspondence on your behalf so that you can focus on supporting your family member.

Ensure Your Loved One Benefits From A Tailored Treatment Program

One major advantage of working with a qualified attorney as you prepare to file a Marchman Act petition is that they will serve as your sounding board every step of the way, supporting you so that you can support your loved one in turn. An experienced Marchman Act attorney will have a wealth of knowledge about reputable local treatment facilities and will put you in touch with qualified behavioral health professionals to ensure that your loved one receives clinically appropriate services.

If your loved one is incapable of managing their personal affairs while they are in recovery, your attorney may also help you to secure an Emergency Temporary Guardianship. This will allow you to make key decisions concerning your loved one’s treatment, place of residence, and assets until they are well enough to look after themselves again.

Seek Addiction Legal Help From Florida’s Leading Marchman Act Attorneys

Supporting a loved one through addiction can be overwhelming, but you do not have to navigate this process alone. The compassionate and experienced attorneys at Astor Simovitch are here to assist you at every stage, from initiating intervention discussions to securing court-mandated treatment.

With decades of experience helping families in similar situations, we are committed to providing the legal guidance and support necessary to help your loved one begin the path to recovery. For expert legal support during a challenging period in your life, contact us today at 561-419-6095 to arrange a consultation.