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Marchman Act
Understanding the Marchman Act: A Guide for Families
Florida's Marchman Act exists for a specific, difficult moment — when someone you love is caught in addiction and won't, or can't, ask for help themselves.
Florida's Marchman Act exists for a specific, difficult moment: when someone you love is caught in addiction and won't — or can't — ask for help themselves. It's a civil law, not a criminal one, built around a simple idea. Families shouldn't have to wait for a tragedy before they're allowed to act.
Here's how it actually works. If your family is in crisis right now, our West Palm Beach Marchman Act attorneys can help you understand your options and move quickly.
What Is the Marchman Act in Florida and What Does It Do?
The Marchman Act, codified in Chapter 397 of the Florida Statutes, allows a person to petition the court for an involuntary assessment and, if warranted, treatment for someone experiencing substance abuse. It doesn't require the person struggling to agree, and it isn't a criminal charge against them. It's a path into evaluation and care when someone has lost the ability to make that decision for themselves.
Who Can File a Marchman Act Petition in Florida?
Florida courts recognize a fairly broad group of people who can bring a Marchman Act petition: a spouse, a relative, a legal guardian, a friend, a treatment provider, or a sheriff. You don't have to be a spouse or parent to start the process. What matters is a genuine, good-faith concern about the person's safety and a real relationship or role in their life.
If you're wondering whether you qualify to file — or how to prepare the petition so that it actually meets the court's standard — that's a question our Marchman Act attorneys in Palm Beach County answer regularly.
What You Have to Show the Court
Under Florida Statutes § 397.675, a petitioner has to establish two things:
Loss of self-control. A good-faith reason to believe the person has lost the ability to control their use of drugs or alcohol.
At least one of the following:
- They can't recognize their need for treatment because of impaired judgment caused by substance use
- Without treatment, they'll likely neglect themselves in ways that threaten their own wellbeing, and no one able and willing to help can prevent that
- There's a real likelihood they've already caused, attempted, or threatened harm to themselves or someone else because of their substance use, or will if not admitted for treatment
Simply refusing treatment isn't enough, on its own, to meet this standard. The court is looking for evidence of loss of control and real risk — not just disagreement about whether someone needs help. A poorly drafted petition that doesn't document what's actually happening will be dismissed. See our FAQ on Marchman Act eligibility requirements for common questions families ask.
What Happens After the Florida Marchman Act Petition Is Filed
If the court grants the petition, here's the general timeline:
- Assessment hold: Up to five days at a hospital, detox facility, or receiving facility for evaluation and stabilization.
- Emergency admission: In urgent situations, a qualified healthcare provider can sign a professional certificate authorizing admission for up to seven days.
- Court-ordered treatment: If treatment is warranted, the court can order up to 90 days at a licensed provider. That period can be extended through a renewal petition filed before the original 90 days runs out.
None of this happens instantly, and none of it happens without the court weighing real evidence. That's exactly why the petition itself — how it's written and what it documents — matters so much. An attorney who has filed these petitions in Palm Beach County courts knows what judges need to see and how to move when timing is urgent.
Marchman Act vs. Baker Act: What's the Difference?
Families often confuse the two, understandably. The Marchman Act addresses substance abuse specifically and is typically initiated by a family member. The Baker Act addresses mental health crises and can be initiated by law enforcement, a judge, or a medical professional. They're separate Florida laws for separate kinds of crises.
What to Expect If You're Considering This for Someone You Love
This is rarely a decision families make lightly, and it's not one you have to figure out on your own. An attorney who's handled these petitions knows what the court needs to see, how quickly a hearing can be scheduled when there's real urgency, and how to prepare a petition that actually reflects what your family is going through — not just a form filled out under stress.
If you're worried about a loved one and don't know where to start, that conversation is the right first step. Rick Hutchinson has handled Marchman Act petitions in Palm Beach County for more than two decades.
Sources referenced: Florida Statutes Chapter 397 (Substance Abuse Impairment); Florida Statutes § 397.675 (criteria for involuntary admission); Eleventh Judicial Circuit of Florida, Marchman Act program materials.
