Florida's LEADING
We Save Families™ when their loved ones are suffering from substance use, mental health disorders, and failed attempts at recovery.
Astor Simovitch Law is Florida’s leading mental health and addiction law firm. Through the efforts of our experienced guardianship and Marchman Act attorneys, our firm has helped Florida families through the legal and administrative complexities that arise when a loved one is in crisis.
Thanks to our wealth of expertise in Florida mental health law, compassionate approach to client service, and wide range of experience dealing with a variety of mental health conditions, we are the go-to firm for families navigating a loved one’s mental health emergency.
Our highly respected team is available 24/7 to respond to your family emergency, and will get to work immediately to ensure your loved one gets the care and treatment they deserve.
How can our Comprehensive
Mental Health Legal Services Help Your Family?
Our Marchman Act and guardianship attorneys routinely assist Florida’s families with a wide range of mental health law issues. If your loved one’s substance use has spiraled out of control, they have experienced a relapse, or they are suffering from a severe mental illness which has begun to impact their ability to look after themselves, we are your first port of call.
We also help families respond to emergency involuntary Baker Act holds, helping them to secure their loved one’s release from a psychiatric facility so that they can receive appropriate care through outpatient services.
No matter your loved one’s circumstances, if you are concerned that they are acting in a way that is harmful to their well-being, or that they lack the capacity to access treatment on their own terms and are at risk of neglect, our lawyers will be able to guide you through an appropriate legal intervention that addresses your loved one’s unique needs.
From initial consultations to provide preliminary legal advice to legal drafting, court representation and liaison with medical professionals, our lawyers will provide comprehensive legal support so that you can focus on being there for your loved one during this difficult time.
How do we make a Difference
The guardianship and Marchman Act attorneys at Astor Simovitch Law are dedicated to guiding families towards legal solutions that will provide the best chances of a positive mental health outcome for vulnerable loved ones. These solutions may include:
- Facilitating emergency temporary guardianship arrangements when a family member has become incapacitated due to a mental health emergency
- Establishing long-term guardianship arrangements for clients seeking to protect the best interests of loved ones who are no longer able to look after themselves or their finances
- Filing an urgent Chapter 397 Marchman Act petition to require a loved one to undergo an involuntary assessment for a suspected substance use disorder
- Helping families to intervene when a loved one’s addiction has reached crisis levels and they need to be involuntary admitted to a rehabilitation program using the Marchman Act process
- Using a Chapter 394 Baker Act petition to facilitate the emergency stabilization of a loved one who is experiencing severe mental illness and is threatening to self-harm
- Putting families in touch with experienced mental health professionals to develop a treatment plan to ensure continuity of care for loved ones
In many cases, we use a combination of legal solutions tailored to the needs of the individual to ensure the best long-term outcomes for their mental health and well-being. Our lawyers will carefully explain the legal options available to you and the various processes involved so that you can be sure you are making the best decision for your loved one.
Check out our eBook Here
A Guide to Dealing with Substance use, Mental illness, and Eating Disorders.
Click Here to Read or Download >>How can our Guardianship Attorneys help you?
Florida guardianship law is complex: there are many different types of guardianship arrangements that can be established, varying according to the extent of the incapacity of the person who is the subject of the guardianship petition and the likely duration of their incapacity. Our guardianship attorneys will help you to assess whether guardianship may be a suitable intervention for your loved one based on their current circumstances and the extent of their incapacity. We may recommend a limited guardianship arrangement to preserve their autonomy as far as possible where they still enjoy some capacity, or a plenary guardianship arrangement when their ability to look after themselves and make sound decisions in their own best interests is severely reduced.
Our guardianship attorneys will prepare all the necessary legal documentation and petitions, help you compile evidence of your loved one’s incapacity, represent you at court hearings, and guide you through your rights and duties once you have been appointed as your loved one’s guardian. Whether your loved one’s capacity has deteriorated temporarily due to mental illness, or they are suffering from long-term cognitive decline due to a neurological condition, our lawyers’ expertise will be indispensable to you.
How can our Marchman Act
Watching a loved one’s physical and mental health suffer through the vicious cycle of addiction can be incredibly distressing. Our firm offers dedicated legal representation for those families desperate to get their loved ones into addiction treatment and onto the road to recovery. Using a Chapter 397 Marchman Act petition, which asks a court to order that a person suffering from a substance use disorder receive involuntary addiction treatment services, we will help you intervene in your loved one’s addiction crisis.
The Marchman Act legal process can be complex as it involves two distinct stages: an initial stage in which your loved one is involuntarily assessed for a substance use disorder, and a further stage where the court determines whether, in light of the outcome of their assessment, they should be compelled to join a longer-term addiction treatment program on either an inpatient or outpatient basis. Our Marchman Act attorneys will represent you in communications with court officials, facility representatives and medical professionals throughout this process, so that you can focus on supporting your loved one.
Your Mental Health & Addiction
The experienced Marchman Act and guardianship attorneys at Astor Simovitch Law routinely receive inquiries on the questions below from concerned family members. While we hope these FAQ responses are useful, it is important to remember that every case is unique and you should always seek appropriate legal advice before taking any decisive action.
How are co-occurring substance use and mental illness treated in terms of Florida law?
In Florida, a person who is experiencing severe mental illness may be detained by the State under the Baker Act. However, when a person suffers from co-occurring substance use disorder and mental illness – a frequent occurrence – they will primarily receive treatment under the Marchman Act. If your loved one has been subject to an emergency Baker Act hold by law enforcement while struggling with addiction, you should immediately contact our Marchman Act attorneys so that they can facilitate your loved one’s release and ensure they are moved to an appropriate rehabilitation facility.
How do the Marchman Act and Baker Act differ?
Chapter 397 of the Florida Statutes – also referred to as the Marchman Act – is intended to facilitate interventions to help those suffering from addiction to get the care they need to begin the difficult road to recovery. This may include both voluntary and involuntary admission to a rehabilitation facility. In contrast, Chapter 394 – also referred to as the Baker Act – is intended to facilitate emergency interventions when a person is experiencing a mental health emergency (such as psychosis or suicidality) and requires an urgent involuntary psychiatric evaluation.
Can guardianship arrangements be facilitated in addition to Marchman Act interventions?
Yes, it is very common for families to pursue a Marchman Act petition and temporary guardianship petition simultaneously. This allows them to make important decisions on behalf of their loved one while they are receiving treatment for their addiction. Our experienced guardianship attorneys can explain the finer details of such arrangements to you if you think your loved one may benefit from this kind of intervention.
Do you also provide legal representation in cases involving minors?
Yes, the Marchman Act attorneys at Astor Simovitch routinely help parents to facilitate Marchman Act interventions in respect of their minor children (usually, teenagers who have developed substance use issues). Our guardianship attorneys can also help to facilitate guardianship of minors, such as grandchild guardianship arrangements.
Are you able to recommend mental health services providers?
Astor Simovitch is proud to have developed relationships with an extensive network of highly qualified mental health and addiction professionals, from clinical psychologists to psychiatrists, social workers, nurses, and rehabilitation specialists. We will put your family in touch with a suitably qualified medical team so that you can chart an effective path forward for your loved one’s care.
Do you provide out-of-state Marchman Act legal services?
Yes, Astor Simovitch Law frequently assists families with out-of-state Marchman Act proceedings. This allows families who live in states that lack equivalent legislation to ensure their loved one gets the addiction treatment they need in Florida.
Do you provide legal representation in disputed guardianship cases?
In some cases, one family member may be unhappy with how another family member who has been appointed as the guardian of a mutual loved one is carrying out their duties. If you find yourself facing contested guardianship proceedings, or would like to petition the court to remove a loved one’s guardian, our guardianship attorneys are more than equipped to help you.
Can your firm provide emergency legal support at very short notice?
We pride ourselves on providing outstanding legal support at any time of day or night. We are available 24/7 to respond to your family crisis, so please don’t hesitate to contact us if a loved one is in distress.
Leading Florida Guardianship & Marchman Act Attorneys Are Here To Support Your Family
For exceptional legal support during your family’s hour of need, look no further than Astor Simovitch Law. Our acclaimed Marchman Act and guardianship attorneys are on standby to take your call, and will go above and beyond to provide you with compassionate, tailored legal support during this distressing time.
For peace of mind that your loved one will receive the care they need while their best interests are being protected by an exceptional legal team, contact us today at 855-429-0074.
