Marchman Act And Guardianship Attorneys In Miami

Florida’s Marchman Act is a life-saving tool that can be used by families of those battling substance use to get them the care and treatment they desperately need. However, the Act’s provisions are complex, and navigating its procedural and substantive requirements without legal support can be incredibly challenging. This is why the exceptional team of mental health and addiction lawyers at Astor Simovitch Law has dedicated their professional lives to helping families use the Marchman Act to get their loved ones into treatment.

Our acclaimed Marchman Act attorneys will guide you through every step of the process, from determining whether a Marchman Act intervention is appropriate in your loved one’s circumstances to liaising with treatment facility personnel on your behalf. Should it be necessary, our experienced guardianship attorneys can also help you seek appointment as your loved one’s guardian while they are receiving treatment. Our experienced team has helped countless families to get their loved ones on the road to recovery, and we would be privileged to do the same for you.

Legal Services Miami

Marchman Act Legal Services Miami

Substance use disorders can be difficult to treat and require a multi-faceted approach to give patients a genuine chance at recovery. The legal team at Astor Simovitch Law will help you place your loved one in a reputable treatment facility, where they will receive 24/7 care from a range of medical professionals who have specialized in addiction treatment.

What is the Marchman Act?

The Marchman Act is a Florida law that allows a court, following the filing of a petition, to compel a person who has a primary substance use disorder into treatment. This petition is formally referred to as a ‘petition for involuntary treatment services’. For the petition to be granted, the petitioner must demonstrate that there is good reason to believe that the subject of the petition is mentally impaired due to substance use, and as a result, they are:

  1. Unable to exercise self-control over their substance use;
  2. Incapable of recognizing that they require treatment for their addiction, or have refused such treatment entirely; or
  3. Are at real and imminent risk of inflicting harm on themselves or others if they are not given treatment.

If granted, the subject of the petition will be taken into custody and delivered to a receiving facility, where they will undergo detoxification, receive treatment for their withdrawal symptoms, and be given medical, psychiatric, and therapeutic support for their substance use.

How can our Marchman Act attorneys help you?

Whether your loved one is suffering from alcoholism, drug addiction, or prescription painkiller dependency, our Marchman Act attorneys are your first port of call. We understand how overwhelming it can be to make decisions about a loved one’s addiction treatment, and we will consult with you in detail before advising you on the legal options available. If you wish to proceed with a Marchman Act filing, we will take care of every aspect of the process, from preparing your petition and gathering evidence to coordinating the logistics for your loved one’s entry into treatment. Whether your loved one is based in Miami, another part of Florida, or even out-of-state, our exceptional mental health and addiction lawyers will help to facilitate a legal intervention that prioritizes your loved one’s best interests and gives them a genuine chance at recovery.

Law Services Miami

Guardianship Law Services Miami

In addition to the Marchman Act, Florida’s legal framework for supporting those with mental illness and addiction also facilitates guardianship appointments. If your loved one has been placed in a rehabilitation facility, you may wish to be appointed as their guardian so that you have the legal authority to take care of their affairs and make important decisions on their behalf until they are back on their feet. The guardianship attorneys at Astor Simovitch Law frequently facilitate guardianship appointments for Miami families whose loved ones are in treatment.

What is guardianship?

Guardianship is a legal tool that is designed to protect individuals who have become incapacitated and are no longer able to look after themselves. Guardianship is a flexible legal instrument that can be tailored to the needs of the ward. Guardianship appointments can be made permanently (this would be most appropriate when the incapacitated person is unlikely to recover, e.g., they have Alzheimer’s), or it can be made temporarily. Temporary guardianship appointments are especially useful in cases where a person lacks capacity due to substance use, but is likely to regain capacity once they have undergone treatment. Guardianship can also be tailored to grant the guardian a limited set of powers only, or it can be plenary, meaning the guardian will have the authority to make any decision that their ward would previously have been able to make for themselves. Limited guardianships often relate only to medical decisions or financial decisions.

How can our guardianship attorneys help you?

Navigating Florida’s guardianship appointment process can be daunting for nonspecialists. You may be uncertain whether guardianship is the right step for your loved one, and whether guardianship is a responsibility you are prepared to take on. Our guardianship attorneys are here to provide you with dedicated legal support while you make this decision, and will propose a guardianship arrangement that best meets the needs of your loved one.

We will handle every aspect of the appointment process on your behalf, from drafting the petition to making representations to the court at your appointment hearing. We will ensure that you clearly understand your rights and obligations as guardian, and will advise you on any complications that arise during your appointment. If your loved one is receiving treatment under the Marchman Act, a guardianship appointment will help you ensure that their personal affairs are well taken care of, giving them the freedom to focus on their recovery.

The Benefits Of Hiring A Mental Health And Addiction Lawyer

Supporting a loved one in the grips of a substance use disorder can be extremely challenging. Offering them nonjudgmental emotional support while also trying to help them enter treatment can be a difficult balancing act. You may be uncertain whether it is time to initiate involuntary addiction treatment, and be wary of the implications this will have for your family.

The experienced mental health and addiction lawyers at Astor Simovitch Law have helped many Miami families in this situation, and blend their legal skills with compassionate client service to deliver outstanding legal support. Thanks to our many years in practice, we have an in-depth understanding of the emotional and legal complexities of helping a loved one struggling with addiction, and we will use our expertise to guide you towards a suitable legal intervention. With our comprehensive legal advice helping to inform the decisions you make, you can rest assured that your loved one’s best interests are being taken care of. While we handle all the legal, administrative, and logistical elements of your case, you will have more time and energy to support your loved one through this very challenging period in their lives.

Experienced Marchman Act And Guardianship Attorneys Are Ready To Assist Miami Families

If someone you love is struggling with substance use, you don’t need to navigate this challenging experience alone. The compassionate team of mental health and addiction lawyers at Astor Simovitch is on standby to provide you with round-the-clock legal support as you facilitate your loved one’s entry into treatment. We are renowned for our exceptional client service, depth of legal skill, and impressive knowledge of Marchman Act and guardianship law processes. With our dedicated team behind you, you will be able to give your loved one a genuine chance to overcome their addiction and lead a healthy, fulfilling life.

To schedule a confidential consultation or find out more about our services, give us a call today at 561-419-6095.