Need To Relocate A Loved One For Treatment? Learn How The Marchman Act Can Help

Addiction is a serious mental illness that requires a multifaceted approach to treat successfully. Those struggling with substance use disorders are often unable to take the action needed to break the cycle of addiction, leading to a downwards spiral that can have profoundly damaging impacts on their physical and mental well-being, not to mention their relationships, work life, and financial position.

An effective way to help a loved one in this position is to relocate them to a different state for treatment, where they can focus on recovery free from the negative influences that may be contributing to their struggles. Florida’s Marchman Act can facilitate this process by allowing you to obtain a court order to place your loved one in a treatment program if they are refusing voluntary admission.

What Is Florida’s Marchman Act?

Florida is one of several states that have introduced legislation that allows a court to compel a person with a substance use disorder into treatment. A family member or concerned individual may petition the court to order that their loved one be taken into custody and delivered to a receiving facility to be evaluated for a substance use disorder. This petition is called a ‘petition for involuntary treatment services’, and must be accompanied by sufficient evidence – for example, medical records and witness statements – to persuade the court that the intervention is necessary.

The Marchman Act is a vital tool that has helped many individuals onto the path to healing from addiction. Although it is a Florida state law, it has been used by countless out-of-state families who do not have comparable legislation in their home states to get their loved ones into treatment, provided their loved one is in Florida or can be brought to Florida.

Why Consider Relocating Someone For Substance Abuse Treatment?

In many cases, what makes addiction difficult to treat is the surrounding environment. If they are surrounded by other users, or are in a relationship with another user, it can be almost impossible to break the cycle of substance use. Similarly, if a person is living in a toxic or stressful situation and is using a substance like alcohol to cope, it is going to be very difficult for them to break their dependency on alcohol while still exposed to this environment. In these scenarios, moving the individual to Florida for treatment can be a pivotal factor in breaking the pattern of substance use. Eliminating negative influences and triggers from the surrounding environment also reduces the risk of relapse and will give them a clean state from which to begin their treatment.

Even if a person’s surrounding environment is not directly enabling their substance use, relocation for treatment can still be advantageous. Placing someone in a completely new environment can give them the feeling that they have embarked upon a ‘fresh start’, helping to spark a positive mental shift that can support them on their journey to recovery. This is especially important when the person is struggling with addiction and co-occurring mental illness. They will have the opportunity to build new daily routines and habits and develop new friendships with others who are also going through a similar experience.

How Can You Relocate A Loved One For Treatment Using The Marchman Act?

It can be very challenging to help a loved one in their battle with addiction when they are refusing to enter treatment. The major benefit of the Marchman Act is that it allows you to compel your loved one to enter treatment through an independent, court-approved process. Knowing that a court agrees that your family member’s substance use is at such an advanced stage that a legal intervention is required goes a long way to giving you peace of mind that you are acting in their best interests.

What are the criteria?

For the court to grant your petition for involuntary treatment services, you will need to demonstrate that your family member is experiencing mental impairment due to their substance use, and because of this

1. They can no longer exercise self-control over their substance use; and
2. They are unable to appreciate that they need treatment, cannot make a rational decision about whether they require treatment, or have refused to enter treatment entirely; or
3. There is a real risk they will harm themselves or others if not placed in treatment.

Navigating the petition process requires expertise and an intimate knowledge of court procedure. By hiring an experienced Marchman Act attorney to guide you through the process, you can ensure that your petition proceeds smoothly and is granted without issue.

How does the relocation process work?

If your petition for involuntary treatment services is granted, the court may include instructions in its order pertaining to your loved one’s transportation and delivery to a treatment center. Your attorney will play a pivotal role in coordinating the logistical elements of your loved one’s relocation, relieving you of this particularly challenging burden. They will liaise with court officials and treatment center personnel on your behalf and manage every aspect of the legal and administrative process so that you can focus on supporting your loved one.

What treatment facilities are available?

Florida has a range of exceptional rehabilitation centers. These centers are staffed by experienced nurses, doctors, and counselors who have expertise in facilitating the detoxification process, managing withdrawal symptoms, and treating addiction using a holistic approach. Your loved one will receive tailored psychological support, participate in group therapy sessions, and learn healthy coping mechanisms as they prepare for a life of sobriety. After consulting with you about the nature of your loved one’s addiction and gaining an understanding of their particular needs, your attorney will recommend a reputable treatment center at which your loved one can be placed once the court order has been granted.