Marchman Act Attorney For New York Residents
The Marchman Act has enabled life-saving interventions for thousands over the past three decades. The Act has not only helped Floridians access treatment for substance abuse but has also been successfully utilized by families in states that have no involuntary commitment legislation to get their loved ones into treatment.
Florida has become a beacon of hope for many families, many based in the North East. The compassionate Marchman Act Attorneys at Astor Simovitch Law have helped many families navigate the Marchman Act and start their loved ones on the road to recovery from addiction.
What Is The Marchman Act?
The Marchman Act is Florida’s flagship substance abuse intervention legislation. Its core provision allows families to obtain a court order that compels their loved one to undergo assessment for a substance abuse disorder and to remain in treatment for a specified period, up to ninety (90) days at any one (1) time. The Act is a lifeline for families who have run out of options and are desperate to get their loved ones into addiction treatment.
There are four ways in which the involuntary treatment of a person with a substance abuse disorder can be initiated: admission by court order, by law enforcement, by a physician, or, in the case of a minor, by their parents. If you’re based in New York and want to get your loved one into treatment, the first route to initiating involuntary treatment will be most relevant to you. Marchman Act interventions are complex legal processes even when the individual being assisted is located in Florida. If you’re based in New York and want to use the Act to get your loved one into treatment, hiring an experienced Marchman Act Attorney should be your top priority.
What Is The Process For Securing My Loved One’s Involuntary Admission Into Treatment?
To obtain a court order compelling your loved one into a treatment facility, you will need to file a ‘petition for involuntary treatment services’ with a Florida circuit court. A Marchman Act attorney will draft the petition for you and consult with you in detail before filing to ensure that involuntary admission is the right intervention for your loved one. In your petition, you will need to make certain allegations under oath, which, when substantiated with the evidence included in the petition, amount to the requirements that must be met before the court will grant an order for involuntary admission. The court will only grant the order if there is a good faith reason to believe that your loved one is experiencing impairment due to substance abuse, and as a result of such impairment:
- They have lost the power of self-control with respect to their substance abuse; and
- They are unable to recognize that they require treatment for substance abuse and are incapable of making a rational decision in this regard; or
- They have attempted to inflict harm on themselves or others, or there is a real risk that they will do so in the near future.
Your Marchman Act attorney will gather evidence to accompany the petition, including witness statements from family members and friends, medical reports, and other documentary evidence that demonstrates your loved one’s impairment. A hearing will then be scheduled, at which your attorney will present legal argument and evidence, and answer questions from the court.
If the petition is successful, law enforcement will be authorized to take your loved one into custody and deliver them to a designated receiving facility. Your loved one will then be assessed by a qualified professional for a substance abuse disorder. The Court will also schedule a Treatment Services hearing at which time it will be determined that your loved one requires a longer-term intervention (a person can be ordered to undergo treatment for up to three months, although this period can be extended by filing a further petition).
Is A Marchman Act Intervention The Appropriate Way To Treat Addiction?
Nobody wants to have to make the decision to put their loved one into treatment – especially not thousands of miles from home. Ideally, your loved one would enter treatment voluntarily. Unfortunately, in serious cases of addiction, compelling your loved one to enter a rehabilitation program may be your only option. They’ll have access to medical treatment, psychiatric care, withdrawal symptom management, counseling, dietary support, and several other highly effective therapeutic interventions to help them on their journey to recovery. In some cases, it may be beneficial to obtain a temporary guardianship order in respect of your loved one, to ensure that they stay in treatment and that their best interests are taken care of while they overcome their substance-related incapacity.
As experienced Marchman Act attorneys, the team at Astor Simovitch understands how devastating addiction can be for families – but we also know the incredible potential that a Marchman Act intervention can have for those struggling with alcoholism or drug abuse. We understand that you may have doubts and we will help you to fully explore your options before taking this step. The road to overcoming addiction is filled with uncertainty and setbacks and is different for each patient. However, by placing your loved one in a reputable treatment facility, you’ll be giving them the best possible chance to experience full recovery.
I Live In New York: Why Would I Want My Loved One To Access Addiction Treatment In Florida?
In an ideal world, you would arrange for your loved one to enter a rehabilitation program close to home. Unfortunately, however, New York has no equivalent involuntary commitment legislation, so many New York families find themselves having to resort to out-of-state interventions to help their loved ones access treatment. Thankfully, the Marchman Act can be used to treat out-of-state patients, and Florida, as a result, has become the go-to state for those seeking addiction treatment for their loved ones from New York. It’s also important to recognize that a change of environment can be an advantage when treating substance abuse. Florida’s year-round sunshine and lush outdoors make it an excellent state in which to begin tackling substance abuse and mental health issues.
How Do Out-of-state Families Use The Marchman Act?
At Astor Simovitch Law, we understand how daunting it can be to navigate another state’s legal processes. Our team of Marchman Act attorneys routinely assist out-of-state families with every aspect of their Marchman Act intervention, from arranging transport to preparing the petition and accompanying evidence, providing advice on suitable treatment centers, and liaising with the court and treatment center personnel. We take care of all the logistical, legal, and administrative details and help to coordinate your loved one’s entry into treatment so that you can dedicate your time and energy to supporting them during a very difficult period in their lives. We will also put you in touch with our dedicated care team which includes certified intervention professionals and licensed psychotherapists to ensure your loved one benefits from a tailored treatment plan that is suited to their needs.
A Marchman Act Attorney Can Help New York Families Experience The Miracle Of Recovery
If you’re based in New York and your loved one is battling a substance abuse disorder and is refusing to enter treatment, the team at Astor Simovitch Law is your first port of call. We have assisted many out-of-state families with Marchman Act, and will use our expertise to help you navigate this complex area of law and ensure that your loved one is given a genuine chance at recovery.
We are passionate about helping families overcome the damage wrought by addiction, and our compassionate, responsive, meticulous approach will give you much-needed peace of mind during this distressing time. For an exceptional team of Marchman Act attorneys who will prioritize your loved one’s best interests every step of the way, contact us today at 561-419-6095.
