Marchman Act And Guardianship Attorneys In Orlando
Florida is one of several states that has introduced a legal framework to support those struggling with substance use and poor mental health, ensuring that they can access the care and treatment they urgently need. However, navigating the complexities of this framework can be overwhelming, particularly if you are already dealing with the stress and worry that accompany trying to help a loved one.
Thankfully, you don’t need to face this challenging period alone: the exceptional team of mental health and addiction lawyers at Astor Simovitch Law is here to guide you every step of the way. Our renowned Marchman Act and guardianship attorneys have helped countless Orlando families to get their loved ones into treatment and on the road to recovery. We are available round-the-clock to offer you our legal expertise and compassionate support, and will help you facilitate a legal intervention that gives your loved one a genuine chance at overcoming addiction and achieving a healthy, fulfilling life.
Experienced Marchman Act Attorney Helping Families in Orlando
The Marchman Act is a life-saving legal tool that allows families of individuals battling substance use to compel them into treatment when previous attempts to get them into recovery have failed. Our experienced Marchman Act attorneys routinely help families whose loved ones are struggling with alcoholism, substance abuse, and prescription painkiller addiction to get them admitted to a reputable rehabilitation facility where they will receive 24/7 support and care.
What is the Marchman Act?
The Marchman Act was passed in recognition of the fact that substance use is a disease that requires a multi-faceted treatment approach delivered in a dedicated rehabilitation facility. The Act allows a family member or friend of a person who is struggling with substance use to have a petition filed with a circuit court requesting a court order compelling their loved one into treatment. This petition is called a ‘petition for involuntary treatment services’, and must be accompanied by sufficient evidence (such as witness statements and medical reports) to demonstrate that the individual who is the subject of the petition needs treatment for a substance use disorder. The evidence will need to convince the court that there is reason to believe the person is experiencing mental impairment due to their substance use, and as a result of this impairment:
- They can no longer exercise self-control over their substance use;
- They are incapable of making a rational decision as to whether they require treatment for their substance use disorder, cannot recognize that they require treatment, or have outright refused such treatment; or
- There is a significant and imminent risk that, without treatment, they will cause harm to themselves or others.
In many cases, persons struggling with substance use have co-occurring mental health issues, and Marchman Act petitions can also be brought in these circumstances.
How can our Marchman Act attorneys help you?
At Astor Simovitch Law, we understand how overwhelming Marchman Act processes can be for families trying to use the Act to help loved ones struggling with substance use. Our dedicated law practice strives to take the stress out of this process, providing tailored legal support that assesses the needs of the individual and helps families to decide on a legal intervention that will serve their best interests.
We will consult with you in detail to gain an understanding of your loved one’s situation and provide you with comprehensive legal advice that clearly explains all your options. Our Marchman Act attorneys can help you file a Marchman Act petition in an Orlando circuit court or any other circuit court across Florida and will meticulously prepare all legal documentation and evidence required in support of your petition. We will also coordinate the logistics of your loved one’s entry into treatment, liaise with the court officials assigned to your case, and manage all communications with treatment center staff on your behalf.
Orlando Families Turn to Our Guardianship Attorney for Support
Guardianship is another important part of Florida’s legal framework for ensuring that the needs of those experiencing a mental health crisis or recovering from addiction are well taken care of. Many Orlando families who have placed their loved ones in treatment also ask our guardianship attorneys to facilitate a guardianship appointment, giving them the power to manage their loved one’s personal affairs while they focus on recovery.
What is guardianship?
When a person lacks the capacity to manage their personal affairs and make sound decisions in their own best interests, they need protection and support. Guardianship is a special legal arrangement that allows one person (the guardian) to make certain decisions on behalf of another person (the ward) when they lack the capacity to do so themselves. To apply for guardianship, the proposed guardian must allege that the person who is the subject of the petition lacks mental capacity and requires a guardian to manage their affairs.
Guardianship arrangements can be useful in a wide variety of circumstances because each guardianship petition can be tailored to the needs of the ward. For example, guardianship may be used to protect and manage the affairs of a person living with Alzheimer’s or a traumatic brain injury, or to allow someone to make medical decisions on behalf of a family member who is in a coma. A guardianship can be plenary or limited in nature, and the appointment can be made on either a permanent or temporary basis. A plenary guardianship appointment gives the guardian the authority to make any decision that their ward ordinarily would have had the capacity to make for themselves. In contrast, a limited guardianship appointment only gives the guardian authority to make a limited set of decisions, for example, decisions relating to medical treatment or the management of finances.
How can our guardianship attorneys help you?
Temporary emergency guardianship orders can be very useful when a person has entered treatment and needs a family member to look after their personal affairs until they have regained the capacity to do so themselves. The highly qualified guardianship attorneys at Astor Simovitch Law regularly help Orlando families to petition for guardianship while their loved one is also in treatment under the Marchman Act.
If you are concerned that someone you love may need a guardian, we will explain the application process in detail. We will draft all legal filings and will represent you at all hearings to argue that you are suitably qualified to be a guardian. Once you have been appointed, we will ensure you are fully apprised of your legal obligations as guardian and will help you to navigate any issues that arise during your appointment.
The Benefits Of Hiring A Mental Health And Addiction Lawyer
Watching a loved one struggle with substance use or mental illness can be highly distressing, especially if they are refusing to get treatment. You may be feeling conflicted about whether compelling them to enter treatment involuntarily is a good idea. As you grapple with these and other questions, you are not alone: the team at Astor Simovitch Law is here to guide you every step of the way. Our experienced lawyers have helped many families in Orlando and throughout Florida to navigate the legal and emotional complexities of helping a loved one in crisis, and we are on standby to do the same for you.
With sound legal advice informing the decisions you make for your loved one, you can rest assured that you are acting in their best interests. Our Marchman Act and guardianship attorneys will consult with you to develop an intervention strategy that takes your loved one’s unique circumstances into account and will clearly explain the legal options available to you. We will ensure you are thoroughly prepared for any court proceedings that are initiated, and we will take care of all the administrative aspects of the process so that you can focus on supporting your loved one.
Experienced Marchman Act And Guardianship Attorneys Are Here To Help Orlando Families
At Astor Simovitch Law, we aspire to make what is ordinarily a very challenging experience just a little bit easier. Our dedicated mental health and addiction lawyers are available round-the-clock to deliver exceptional legal support with sensitivity, compassion, and care. Whether you need assistance initiating Marchman Act proceedings or are contemplating filing a guardianship petition, you can count on our highly qualified team to provide you with comprehensive legal advice and representation.
For outstanding legal services that will help you get your loved one on the road to recovery, give us a call today at 561-419-6095.