Understanding The Role Of A Drug Addiction Lawyer In Recovery

Drug addiction ruins lives, fractures families, and destroys communities. Over 37 million people are regular drug users in the United States, and in the last two decades, the opioid epidemic has claimed the lives of over half a million Americans. There’s no question that drug addiction is a serious public health issue that affects millions of families across the country.

If you are desperate to help a loved one struggling with drug abuse to get into recovery, contacting a drug addiction lawyer is your first port of call. They’ll be able to advise you on your options for placing your loved one in a rehabilitation facility while providing you with compassionate support and reliable legal guidance during this distressing time.

Recognizing When It’s Time To Intervene

It can be painful to acknowledge that your loved one’s substance use is out of control and that treatment is needed. But the sooner you intervene to get your loved one the treatment they need, the better their prospects of long-term recovery are. If your loved one has started to behave erratically, is irritable or aggressive, has been repeatedly absent from work or school, is having financial troubles, and/or is neglecting their appearance and personal hygiene, you should be aware that they may have a substance abuse disorder. Other signs of substance abuse disorders are sudden unexplained weight loss or gain, involvement in crime, and evidence of withdrawal symptoms (such as shakes, restlessness, sleeping problems, nausea, and headaches).

It may be difficult to face the reality that your loved one is a drug addict, but often the hardest part is recognizing that there’s a problem and taking the first step to recovery. Though intervening in your loved one’s life to help get them treatment may cause tension and angst, remember that you could be saving their life.

How Can A Drug Addiction Lawyer Help Me?

When people think of the range of professionals who help those with drug addiction, doctors, psychiatrists, psychologists, nurses, social workers, and counselors usually come to mind. Many people are surprised to learn that lawyers also play a big role in helping families and their loved ones fight the battle of addiction. Drug addiction lawyers have an especially important role to play in substance abuse interventions in Florida, where there are a range of legal procedures for helping an addict access treatment. Let’s take a look at the primary legal interventions below.

Marchman Act

The Marchman Act provides a legal mechanism for compelling a person struggling with addiction to undergo assessment for a substance abuse disorder at a receiving facility and thereafter be mandated into treatment for up to ninety (90) days. In a Marchman Act filing, a concerned person, such as a spouse, parent, sibling, or friend, can petition the court to issue an order for involuntary treatment services. The petition will need to include evidence demonstrating that the person who is the subject of the proceedings (i) no longer has the power of self-control with their substance use, (ii) has refused treatment (or cannot make a rational decision about whether they need treatment), and (iii) are at risk of harming themselves or others if they do not access treatment.

If the court grants the order, law enforcement will take the person into custody and deliver them to a treatment facility for stabilization, medical care, and assessment. If the treatment center determines that the person has a substance abuse disorder, the court can order that the person remain in treatment for up to 90 days (this period can be extended if necessary).

Hiring an experienced drug addiction lawyer to represent you in Marchman Act proceedings will give you peace of mind that you are putting forward a strong case for your loved one’s treatment – and it will also save you from having to deal with complicated legal procedures yourself.

Guardianship

Guardianship is another legal tool that can be used to help a loved one battling addiction. When a person is no longer capable of managing their affairs and making decisions in their best interests, a loved one or other concerned person may bring a petition to be appointed as their legal guardian. The court will appoint an expert panel to determine if the person is incapacitated, and if a finding of incapacity is made, the petitioner will be appointed as guardian.

Guardians have the authority to manage the affairs of their loved ones while they are recovering from addiction. This includes managing any property they own, deciding what medical or other treatment they receive for their addiction, and deciding where they must live while recovering from addiction. Guardianship law is complex, and strict criteria must be met before you can be appointed as a guardian, so consulting with a drug addiction lawyer who specializes in guardianship law is advisable.

Power of Attorney

If your loved one does not lack capacity, but still needs help managing their affairs while they recover from addiction, a power of attorney (POA) could be the right legal intervention for their circumstances. A POA authorizes one person (the agent) to make decisions on behalf of another person (the principal, who retains the authority to make decisions for themselves).

POAs can be general, giving the agent broad powers to take any decision on the principal’s behalf, or limited, giving the agent the authority to carry out specific tasks only. POAs are straightforward to obtain, as no court proceedings are required, and they can be revoked once your loved one has recovered. A drug addiction lawyer can help you to draft the POA so that it is legally valid and its scope is appropriate for your loved one.

Don’t Face The Stress Of A Loved One’s Addiction Alone

Trying to help a loved one who is experiencing an addiction crisis can be overwhelming. You may doubt the decisions you are taking, be wrestling with anxiety and worry about your loved one’s condition, and feel isolated from friends and family as you navigate this challenging and often stigmatized problem. A drug addiction attorney will support you every step of the way as your loved one goes through treatment and walks the difficult road to recovery.

However, the role of an addiction law specialist goes much further than advising you on the legal tools at your disposal and helping you to use them: they will be your trusted advisor for every decision you make concerning your loved one’s treatment, ensuring that you never face difficult decisions alone. They will offer a compassionate, no-judgment space in which you can explore your options and seek guidance from someone who has seen countless families through the dilemmas that drug addiction presents. They’ll also be able to advise you on a treatment center suited to your loved one’s needs and help to connect you with addiction specialists who can devise a treatment plan for your loved one.

Compassionate Florida Drug Addiction Lawyers Are Here To Help

At Astor Simovitch, we strive every day to help families and individuals heal from the devastation that addiction causes. Our renowned drug addiction lawyers have years of experience in bringing Marchman Act filings, seeking guardianship appointments, and drafting powers of attorney. We also work with a dedicated care team comprising psychologists, psychotherapists, and nurses who will ensure your loved one receives the treatment they need to begin the difficult journey to sobriety.

Don’t wait a moment longer to get your loved one the treatment and care they need to recover from addiction – contact us today at 561-419-6095 to arrange a consultation.