Emergency Guardianship For Substance Use: Acting Quickly To Protect A Loved One

Trying to help a loved one in the grips of addiction is incredibly challenging. Unfortunately, a substance use disorder rarely resolves on its own, and it is often only the intervention of loved ones that ensures those struggling with substance use get the help they need. If your loved one’s substance use has spiraled out of control, it may be time to obtain guardianship. Being appointed as your loved one’s guardian will allow you to make important medical and financial decisions on their behalf and ensure their personal affairs are taken care of until they have recovered from their addiction. Let’s take a closer look at how emergency guardianship can be used to protect and support someone struggling with substance use, so that you can determine whether it’s the right intervention for your loved one.

What Is Substance Use Disorder?

Drug addiction – referred to by the medical community as substance use disorder – is a type of behavioral health disease. It occurs when a person’s use of a substance – such as alcohol, hard drugs, recreational drugs, or prescription painkillers – begins to affect their brain chemistry and behavior so that they can no longer exercise self-control over their use of the substance. As their use increases, they may require more and more of the substance to obtain its desired effect, and if they are unable to access the substance may suffer from debilitating withdrawal symptoms. Substance use disorder affects the addict’s mental and physical health, their relationships, their professional lives, and their financial position. Sadly, in some cases, it can be fatal. If you suspect your loved one’s substance use is reaching unhealthy levels, you must act quickly to get them the help they need.

When Is It Time To Intervene?

Initiating an intervention to address a loved one’s substance use is a daunting prospect. The nature of your intervention should be informed by your loved one’s individual circumstances, the kind of relationship you have with them, and the severity of their substance use. An intervention that aims to support a loved one who drinks a bit too much in the evenings after work will look different from an intervention that aims to support a loved one who drinks throughout the day and has lost their job because of it. Whereas the former scenario might require a discussion that raises your concerns, the latter may require a more serious intervention, such as filing a Marchman Act order to facilitate your loved one’s entry into a treatment facility and applying for a guardianship order over them.

Regardless of the nature of your intervention, it is crucial that you don’t make your loved one feel judged or shame them for their addiction. Affirm your unconditional love for them, and emphasize that you are acting from a place of concern for their well-being and happiness. You may want to speak to a licensed alcohol and drug counselor for assistance with this process.

Spotting The Signs Of Addiction

To initiate an effective intervention, you first need to spot the signs that your loved one may be battling addiction. These will differ depending on the substance being used, but may include the following:

• Your loved one has become socially withdrawn and no longer pursues hobbies they once enjoyed
• They are neglecting their appearance and personal hygiene, and often appear unkempt
• They have rapidly lost weight (or gained it)
• They are having financial problems and regularly ask for money
• They are often absent from work or school, and are not performing as they used to
• They are failing to meet personal and/or professional obligations
• Their behavior has changed, and they are moody, irritable or aggressive
• They appear to be suffering from withdrawal symptoms (such as nausea, upset stomach, shakiness, sleeplessness, mood swings)

If you have noticed many of these signs in your loved one, it is possible they are suffering with a substance use disorder. If they have not responded positively to your intervention and you feel you have nowhere left to turn, you are not alone – experienced guardianship attorneys can help you formulate a plan of action that will give your loved one a genuine chance at recovery.

How Can Emergency Guardianship Help My Loved One?

One of the most damaging consequences of substance use disorder is that it impedes the user’s ability to make sound decisions in their own best interests. When their judgment has been negatively impacted in this way, a person with substance use disorder is unlikely to be able to manage their own affairs or to recognize that they need treatment for addiction.

In these difficult circumstances, an emergency guardianship order allows you to achieve two things. First, it can help you ensure your loved one remains in the treatment facility they have been placed in through a Marchman Act process, as you will be empowered to make decisions concerning their medical treatment and place of residence. Second, it gives you the power to manage their personal and financial affairs while they are being treated for addiction. With their personal affairs being taken care of, your loved one will be free to focus solely on following their treatment program and healing from addiction.

What Is The Process To Obtain Emergency Guardianship?

Emergency guardianship can be obtained in a matter of days, so if your loved one’s substance use disorder reaches crisis levels, it is an excellent intervention option. However, obtaining emergency guardianship is a complex legal process that involves many steps and requires an in-depth knowledge of Florida court rules and guardianship law. For this reason it is critical that you consult with a reputable guardianship attorney with expertise in substance use interventions if you think your loved one needs a guardian.

Filing a petition

To obtain emergency guardianship, you will need to file a petition with the court that alleges your loved one lacks the capacity to manage their personal affairs and make decisions in their own interests due to their substance use. Since you are filing for guardianship on an emergency basis, you will also need to show that their physical health is in imminent danger, or that their assets are at risk of waste or dissipation, due to their lack of capacity.

When you file for emergency guardianship, you will need to file for permanent guardianship simultaneously. Emergency guardianship is a short-term appointment that follows an expedited process, whereas permanent guardianship is a longer-term appointment that follows the standard guardianship appointment process. Your attorney will include detailed evidence in the petition that demonstrates your loved one is no longer capable of caring for themselves or making sound decisions due to their substance use disorder. They will also include evidence that justifies that the emergency appointment process be followed.

Hearing

The court will then hold a hearing, where your attorney will present argument on why the petition should be granted, and why you are suitably qualified to be appointed as a guardian. In emergency guardianship cases, the hearing is usually held three days after the petition has been filed.

If the petition is successful and the emergency guardianship order granted, you will have the legal authority to make any and all decisions on behalf of your loved one that they ordinarily would have been able to make for themselves. The appointment will be made for a short period of time – usually 90 days – after which point you will need to return to court to petition for a permanent guardianship order. If your loved one has recovered within this period, the guardianship arrangement can be terminated by the court.

Florida’s Leading Guardianship Attorneys Can Help You Protect A Loved One Struggling With Substance Use

Supporting a loved one who is experiencing a personal crisis due to substance use disorder can be an overwhelming and stressful experience. However, you don’t have to walk this difficult journey alone. The compassionate legal team at Astor Simovitch Law is here to support you every step of the way and will take care of all the administrative, legal, and evidential aspects of your guardianship appointment so that you can focus on supporting your loved one.

Our renowned guardianship lawyer, Audra Simovitch, has years of experience helping families to use emergency guardianship to protect loved ones struggling with substance use. Her compassionate legal support will be indispensable to you as you navigate this challenging period in your loved one’s life. To schedule an emergency consultation, please don’t hesitate to contact us today at 561-419-6095.