Florida Marchman Act AttorneysHelping Families Secure Essential Care and Support

The Marchman Act is a legal procedure that allows friends and family to petition the court on behalf of someone who has a substance abuse issue they are not able to control and that is affecting their life. The court can intervene and order that person to be assessed, stabilized, and — if necessary — treated, so the substance abuse issue can be properly addressed.

The Marchman Act statute allows several types of individuals to file a petition. This includes three friends acting together, family members, a spouse, a legal guardian, or a licensed practitioner. Any of these individuals can petition the court to order someone to appear and be assessed, stabilized, and ultimately undergo substance abuse treatment.

In theory, you can file a Marchman Act petition without a lawyer — but doing so is akin to trying to self-diagnose a medical problem. You could do it, but it’s not a clever idea. If you want the petition filed correctly, using an attorney who knows the process is far less stressful, much more efficient, and significantly increases the likelihood that the court will grant a hearing.

Under the Marchman Act statute, a hearing must be granted within 10 days of the filing of a legally sufficient petition. In practice, courts understand these filings are emergencies and that the respondent is in crisis, so hearings typically take place much sooner than the 10-day statutory limit.

Co-occurring substance abuse and mental illness is very common, and it significantly complicates the path to treatment. Our attorneys are experienced in cases involving dual diagnoses and can advise you on which legal interventions — whether the Marchman Act, guardianship, or a combination — are most appropriate for your loved one’s specific situation. We will also connect you with treatment providers who are equipped to address both conditions together.

If the court grants the petition, it can order your loved one into involuntary treatment for up to 90 days. This is a court-enforceable order — not a voluntary arrangement. If your loved one still requires treatment after that period, further proceedings can be brought to request an extension of up to an additional 90 days.

Initially, the respondent typically will not know, because the filing is confidential. However, they are entitled to receive notice of the hearing. Once the petition is filed, reviewed, and a hearing set, the respondent must be served — usually by a process server (if a private attorney is involved) or by the local sheriff or a law enforcement officer, who will deliver the notice of hearing and the court summons requiring them to appear.

Yes. Marchman Act records — including the petition itself — are confidential. No one can go onto the Clerk of Court’s website and look up whether a petition has been filed. Records kept by the substance abuse treatment provider are protected under HIPAA. Unless the respondent chooses to disclose the information themselves, it remains confidential to the respondent and the court.

There is no fee to file a Marchman Act petition under the statute. If the respondent cannot afford treatment and the court determines they are indigent, they will typically be ordered to a county facility where there is no cost associated with treatment. The goal of the Marchman Act is to ensure people receive treatment even when they have financial difficulties.