When Caring Involves Stepping In

Advocating for a loved one is never an easy decision. However, with proper guidance and support, the Marchman Act or legal guardianship can provide a pathway to safety, stability, and healing.

What is the Marchman Act?

In Florida, the Marchman Act enables loved ones to request a court order for alcohol or substance abuse treatment when someone who is struggling has declined voluntary assistance. This act gives the court the authority to mandate assessment, stabilization, and rehabilitation for the individual, formally referred to as “the respondent.”

While this is often a last resort and not a decision family members make lightly, the Marchman Act serves as a crucial resource in safeguarding the lives of loved ones and family members.

Key criteria for involuntary assessment under the Marchman Act:
• Substance abuse impairment
• Loss of self-control
• Risk of harm to themselves or others
• Inability to understand their need for treatment
• Refusal of voluntary treatment

What is Guardianship?

Removing someone’s legal rights and personal choices is never an easy decision, and terms like “conservatorship” have entered the American lexicon in recent years in a decidedly negative light. However, when someone endangers their health or life or poses a risk to others, it may become necessary for loved ones to step in.

Guardianship occurs when a person loses or relinquishes some or all of their civil rights, which are then assigned to another person to act on their behalf. Guardianships must be tailored to the individual’s abilities and needs and should not be more restrictive than necessary. While there are many different types of guardianship under Florida law, Lifeskills provides support for individuals with a guardian advocate receiving mental health treatment.

Hear From Our Trusted Partners

Richard J. Casey III, Esq.

Partner at Robinson & Casey

robinsoncasey.com | 561.867.8015

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