Marchman Act Assistance For New York Families

Substance abuse and alcoholism are significant public health challenges in New York, with the state particularly affected by the opioid epidemic. In recent years, overdose-related deaths have risen, underscoring the urgent need for effective intervention. However, New York lacks a legal framework for placing those struggling with substance abuse in treatment facilities where they can be given the care and help they need.

Florida’s Marchman Act provides a critical solution. This legislation allows individuals battling substance abuse to be legally required to undergo evaluation and treatment, offering a path to recovery when voluntary options fail. Many families in New York have turned to the Marchman Act as a means to help their loved ones break free from addiction.

For insights from a leading Marchman Act attorney on how this law can help your loved one in New York, continue reading.

An Overview Of Florida’s Marchman Act

In 1993, the Florida legislature passed the Marchman Act, becoming one of several states to introduce legislation that allows families and other concerned individuals to petition the court to compel their loved one to enter treatment for substance abuse. There is no question that the Act has saved countless lives over the past thirty years and has helped thousands of families to heal from the devastation that substance abuse causes.

The Marchman Act’s central legal mechanism allows a court to order that a person be taken into custody and assessed for a substance abuse disorder, following a successful petition brought by the individual’s family. This petition is referred to as a ‘petition for involuntary treatment services’. The court may grant the petition if there is reason to believe that the person who is the subject of the proceedings is experiencing impairment due to their substance abuse, and because of this

1. They have lost the power of self-control in relation to their substance use; and
2. They cannot recognize that they require treatment, they have outright refused such treatment, or they are unable to make a rational decision concerning their treatment; or
3. They have attempted to or are at real risk of harming themselves or those around them.

If you are a New York resident attempting to use the Act to help your loved one, it is strongly recommended you hire a reputable Marchman Act attorney to represent you. They’ll have an in-depth knowledge of the Florida court system and will use their expertise to ensure your application proceeds smoothly and is successful.

What Does A Marchman Act Intervention Involve?

As a New York resident unfamiliar with Florida’s Marchman Act, you may be wondering what course of action is set in motion when a petition for involuntary treatment services is granted. First, if the Court issues an Ex Parte Order for Assessment and Stabilization, your loved one may be taken to a designated receiving facility. Once there, they will be assessed for a substance use disorder by an appropriately qualified professional, such as a physician or psychiatrist. The person who examines them will then need to file a report with the court and recommend a course of treatment.

At the treatment services hearing, the court examines the evidence presented to it and determines whether there is clear and convincing evidence that criteria above have been met (this is a higher standard of proof than what is required to initiate an involuntary assessment). If the court grants the request for a Treatment Services Order, it may order that they undergo treatment for up to ninety days. A Marchman Act attorney can file a petition to extend this period if necessary. Once they are in treatment, they will benefit from a range of interventions designed to help them break the cycle of addiction, including psychiatric and psychological care, withdrawal symptom management, and group counseling.

Obstacles To Effective Substance Abuse Interventions In New York

Although New York has many rehabilitation facilities and state-run addiction support programs, there is no legislation equivalent to the Marchman Act. Families desperate to place a loved one in treatment for substance abuse can only do so with the family members cooperation – if they refuse to enter treatment, there is nothing that can be done legally to compel them to begin treatment.

Without the option of court-ordered substance use treatment, it is much harder for New York families to make effective and lasting interventions to help their loved ones overcome addiction. As a result, many families are forced to deal with the distressing cycle of watching them enter treatment voluntarily, only to relapse and exit treatment. Not only is this cycle emotionally taxing, but it is also very costly.

Why Should New York Families Consider Using The Marchman Act?

As someone from a state that doesn’t include a legal mechanism for involuntary commitment for substance use, you may be feeling some trepidation about compelling your family member to enter treatment by way of a court order. You will be comforted to learn that many New York families bring their loved ones to Florida for substance use treatment. Many families have found that moving their loved one out-of-state for treatment is preferable, as the change of environment can play an important role in breaking unhealthy habits and decreasing exposure to the emotional triggers that often accompany addiction and relapse.

The Marchman Act is not the only legal mechanism that positions Florida as an excellent option for substance abuse treatment. While your loved one is undergoing involuntary treatment in terms of the Marchman Act, you can also petition for guardianship over them. A temporary guardianship order may give you the authority to make important medical decisions on their behalf, as well as decisions concerning their place of residence and general affairs while they recover.

Leading Marchman Act Attorneys Are Ready To Assist New York Families

The team at Astor Simovitch Law has many years of experience in assisting families place their loved ones in court-ordered treatment under the Marchman Act. We take care of every aspect of the process, from assisting with your loved one’s transportation to (and within) Florida and preparing all legal filings and evidence necessary to bring a successful petition to coordinating with treatment centers on your behalf and being on standby to address any concerns that arise.

With our exceptional support behind you, you can have peace of mind that your loved one’s best interests are being taken care of and they will be benefiting from a legal intervention that gives them a real chance at recovery. We have walked this difficult path with many families and would be privileged to do the same for you – contact us today at 561-419-6095 to arrange a consultation with our compassionate team of Marchman Act attorneys.