Marchman Act And Guardianship Attorneys In Tampa

Substance use disorder is a complex mental health condition that requires a multifaceted treatment approach delivered by experienced medical and mental health professionals. Unfortunately, many people struggling with addiction are unable or unwilling to access the treatment they desperately need – a situation that is very challenging for their loved ones to navigate. Florida’s Marchman Act provides a solution to help families in these difficult circumstances by including a legal mechanism that allows them to facilitate their loved one’s entry into treatment. The experienced Marchman Act attorneys at Astor Simovitch Law have represented countless families in Tampa and across Florida in Marchman Act proceedings and have witnessed firsthand the positive results that this intervention can achieve.

Our team is here to guide your family through the complex legal process that must be followed to have your loved one placed in treatment, and will ensure that their best interests are prioritized every step of the way. Our guardianship attorneys are also able to facilitate a guardianship appointment for your loved one, should this be necessary while they are in recovery. Supporting a family member through their struggle with addiction can be a distressing experience. Let our reputable mental health and addiction lawyers take care of the legal aspects of your loved one’s entry into treatment so that you can focus on providing them with the love and care they need during this challenging period.

Marchman Act Legal Services Tampa

The Marchman Act provides a life-saving legal tool for helping those battling addiction, but its provisions are complex and can be difficult for families to understand. The acclaimed Marchman Act attorneys at Astor Simovitch Law will guide you every step of the way, ensuring that any intervention proceeds smoothly and that the best interests of your loved one remain of paramount concern throughout the process.

What is the Marchman Act?

The Marchman Act was passed by the Florida legislature in recognition of the fact that addiction is a public health concern that needs to be addressed through a dedicated legal framework that helps those struggling with addiction to get the treatment they need. The Act’s core provision allows a family member or concerned individual to petition a court to compel a person who has a substance use disorder into treatment. This petition is called a ‘petition for involuntary treatment services’. The court will only grant the petition if the petitioner demonstrates that there is good reason to believe that their loved one is impaired due to substance use, and because of this impairment:

1. They are no longer able to exercise self-control over their substance use; and
2. They are incapable of recognizing that they require treatment for their substance abuse, or have altogether refused such treatment; or
3. There is a real risk that they will imminently inflict harm on themselves or others if they do not receive treatment for their substance use disorder.

The family member who files the petition will need to include appropriate evidence that demonstrates these criteria have been met (such as witness statements and doctor’s notes). If granted, the person who is the subject of the petition will be taken into custody by law enforcement and delivered to a treatment facility. Once in the facility, they will be given detoxification and withdrawal treatment, and will receive 24/7 care from a team of specialist addiction support professionals, including doctors, psychologists, therapists, counselors and dietitians.

How can our Marchman Act attorneys help you?

At Astor Simovitch Law, we understand that making the decision to file a Marchman Act petition in respect of your loved one can be very difficult. Our seasoned Marchman Act attorneys will schedule a detailed, confidential consultation with you to gain an understanding of your loved one’s circumstances and whether a Marchman Act filing would be the right intervention. Should you decide to proceed, we will handle every step of the process, from preparing your petition and representing you in court to connecting you with experienced addiction support professionals in Tampa. We will take care of the logistical arrangements necessary to facilitate your loved one’s admission into the treatment facility, and will liaise with court officials and treatment center personnel on your behalf.

Guardianship Law Services Tampa

Florida guardianship law provides another important legal mechanism for protecting those who are in the process of recovering from addiction. While your loved one is undergoing treatment, you may wish to be appointed as their legal guardian so that you can ensure their personal affairs are well taken care of. Our experienced guardianship attorneys routinely help facilitate guardianship appointments for Tampa clients whose loved ones are in rehabilitation facilities.

What is guardianship?

Guardianship is a special legal arrangement that can be put in place when a person is no longer able to care for themselves or manage their own affairs. In these circumstances, a court can appoint another person as their guardian (the incapacitated person is then referred to as the guardian’s ‘ward’). Guardians are granted the legal authority to manage their ward’s personal affairs and to make important decisions on behalf of their ward. Guardians can only be appointed by a court following the filing of a successful petition of incapacity, in which the proposed guardian – usually a family member – alleges that their loved one has become incapacitated and requires a guardian to manage their affairs.

Guardianship appointments can be tailored to suit all kinds of circumstances. For example, in the case of those recovering from addiction, they may end once the person has achieved sobriety and regained the ability to care for themselves. They can also be tailored to grant the guardian a limited set of powers only – for example, some guardianships only vest the guardian with the authority to make financial decisions on behalf of their ward (but not medical or other personal decisions). Some guardianships are ‘plenary’, which means the guardian has the power to make any decision that their ward would have been able to make for themselves in normal circumstances.

How can our guardianship attorneys help you?

Guardianship arrangements are an excellent way to support your loved one during their treatment. The experienced guardianship attorneys at Astor Simovitch Law can help you to decide if a temporary guardianship arrangement would be appropriate in your loved one’s circumstances, and will devise a guardianship arrangement that best suits their needs. We will prepare your petition for incapacity, represent you in the court hearing, and help you to prepare a detailed guardianship plan for submission to the court. Throughout your appointment, we will help you to comply with your legal duties as guardian and will assist you in navigating any difficult decisions that might arise in respect of your ward.

If your loved one is receiving treatment for a substance use disorder in Tampa, our guardianship attorneys are ready to help you ensure that their personal affairs are well taken care of through an appropriately tailored guardianship arrangement.

The Benefits Of Hiring A Mental Health And Addiction Lawyer

Few things in life can be more challenging than supporting a loved one who is struggling with a substance use disorder, especially when they are refusing to get treatment. The last thing you want to do is isolate them further, but it’s also important that you do everything you can to help them begin the journey to recovery. Many Tampa families in this invidious position have trusted the compassionate mental health and addiction lawyers at Astor Simovitch Law to help them navigate this distressing situation.

Our team will help you assess whether it is time to facilitate a legal intervention using the Marchman Act, and will thoroughly explain the process to you so you can make an informed decision about your next steps. We will offer you exceptional legal support throughout any proceedings you decide to initiate, and we will take care of all the legal, administrative, and logistical aspects of your loved one’s entry into treatment, so that you can focus on providing them with much-needed emotional support. With our legal expertise behind you, you can have peace of mind that your loved one’s best interests are being well taken care of.