How An Attorney Can Help You Navigate Court Ordered Treatment For Mental Health

Many families with loved ones who are struggling with poor mental health and substance use are not aware that there are legal interventions available to help get their loved ones on the path to healing. In certain circumstances, families can petition to place a loved one in court-ordered treatment for mental illness and substance use. If you’re worried about the mental health of someone you love, don’t hesitate to seek support from a mental health legal services provider – it’s never too late to give your loved one a chance to lead a healthy, happy life.

The Link Between Mental Health And Substance Use

Many decades ago, substance abuse was viewed as an indication of moral failure and weak willpower. This problematic and outdated view has since been comprehensively dismantled thanks to extensive research, which has shown that substance abuse occurs as a result of the chemical and structural changes that certain substances make to the brain. In some cases, it may also occur as a result of genetic susceptibility. Substance abuse is now widely recognized as a mental illness, and is listed in the authoritative Diagnostic and Statistical Manual of Mental Disorders as substance use disorder. Like any other mental illness, it requires professional diagnosis and treatment.

There is a further link between mental health and substance use, which is that most people suffering from substance use disorder also experience co-occurring mental illness, such as chronic depression, bipolar disorder, anxiety disorder, and even drug-induced psychosis. When this occurs, the person must be treated for both types of mental illness simultaneously to have a genuine chance at recovery, as they are inextricably linked. Substance use can trigger or worsen pre-existing mental illness, whereas struggling with mental health can also lead to substance abuse.

What Is Court-Ordered Treatment?

Navigating helping a family member who is struggling with substance use and poor mental health can be incredibly difficult. If you have tried to help your loved one limit their substance use and work on their mental health to no avail, they likely require professional treatment. A specialized mental health legal services provider can help you explore the various legal options available, including applying for court-ordered treatment and, where necessary, guardianship.

Court-ordered treatment involves the involuntary placement of a person who has a substance use disorder in a treatment facility by way of a court order. It is facilitated by filing a Marchman Act petition, which is a legal process introduced by the Florida legislature to help families with loved ones who are refusing treatment. If the petition is granted, the court will first order that the person undergo an assessment for a substance use disorder at a designated receiving facility. Once the person has been assessed, the facility will file a written report with the court to set out its findings. If it has been determined that the person requires treatment for a substance use disorder, the court will schedule a treatment services order and may thereafter grant an order for involuntary treatment services requiring that the person be placed in a treatment facility for up to 90 days. This period can later be extended if necessary.

How Can You Obtain A Marchman Act Order?

Marchman Act interventions are complex processes that involve coordinating with court officials, administrators, law enforcement, and treatment center representatives. If you think your loved one may need court-ordered treatment, it is crucial that you obtain assistance from an experienced mental health legal services provider, such as a Marchman Act attorney. They will be able to help you through every step of the legal process and will ensure that your loved one’s best interests are protected throughout the proceedings. They will serve as an invaluable sounding board as you navigate the difficult decision to place your loved one in treatment, and will offer compassionate emotional support to you during this challenging time.

Your attorney will hold a detailed consultation with you to determine if your loved one is likely to meet the Act’s criteria for court-ordered treatment. To be successful in your Marchman Act petition, you will need to show that your loved one is experiencing mental and emotional impairment as a result of a substance use disorder, and because of this:

1. They can no longer exercise self-control over their substance use; and
2. They are unable to recognize they require treatment for a substance use disorder and cannot make a rational decision in this regard; and
3. They are at real risk of inflicting harm on themselves or others, or have attempted to do so.

When determining whether these criteria have been met, the court will consider any evidence placed before it by the petitioner. This could include medical reports, witness statements, and other evidence of your loved one’s substance use.

How Will Court-ordered Treatment Help My Loved One?

Filing a Marchman Act petition in respect of your loved one can be an incredibly difficult step to take, especially when they have been resisting entering treatment voluntarily. However, court-ordered treatment is a life-saving intervention that has allowed thousands of Florida’s families to get their loved ones on the road to recovery. While in a rehabilitation facility, your loved one will go through a holistic treatment program that will address the multi-faceted nature of substance use disorder. This program will likely include:

• Medical treatment: Many people will require medical treatment for their withdrawal symptoms and will need to undergo a medical detoxification process before beginning treatment for their substance use and poor mental health.
• Psychiatric treatment: An important part of treating any mental disorder is psychiatric care, which may include prescription medication to support your loved one’s mental well-being.
• Psychological support: Your loved one will work with an experienced therapist to identify triggers that may lead to substance use and coping strategies that will help them through the recovery process.
• Group therapy: Being treated in an environment with others who have had similar experiences with substance use will give your loved one access to a valuable support network.

With your loved one undergoing court-ordered treatment, you can enjoy peace of mind that you are doing all that you can to support them in their struggles with mental illness and substance use.

Outstanding Mental Health Legal Services In Florida

Astor Simovitch Law is widely regarded as Florida’s leading mental health legal services provider. Our compassionate Marchman Act attorneys are here to help you navigate the emotionally challenging and legally complicated process of obtaining court-ordered treatment for a loved one struggling with substance use and poor mental health. With our dedicated legal support, your loved one will be given the best possible chance at achieving lifelong recovery.

For exceptional legal representation during this difficult time, contact us today at 561-419-6095 to arrange a consultation.