How Do You Know When Using the Florida Marchman Act Is the Right Action? (Juanita Darling)

The Marchman Act is an involuntary commitment statute in the state of Florida. It allows family or friends of an addict to confidentially petition the court for help in addressing the addiction. When successful, invoking the Marchman Act orders an individual into mandatory assessment and stabilization (detox) and into rehabilitation treatment overseen by the court for at least a 60 day stay. The reason it works is because it imposes real consequences for not complying: return to the rehabilitation program or incarceration. If you're not sure whether using the Marchman Act is your next step, ask yourself a few questions.

Has Your Loved One Experienced Few Consequences for the Addiction?

Families and friends naturally want to help a person who is in the grip of an addiction, and early on that my involve "rescuing" the person from consequences of his or her actions. The problem is, with some addictions, not suffering major consequences for the behavior may only lead to more of the addictive behavior. For many addicts, ending up homeless, being taken to an emergency room by law enforcement or emergency medical personnel, being arrested, or being called into court under a Marchman petition is what it takes to finally realize the extent of the problem.

Has He or She Shown No Initiative in Getting Help?

Sometimes people with severe addictions have no desire to seek help. They may think that their problem is not that bad, or that a treatment program can't help them. The Marchman Act allows family or friends of an addict to be involuntarily sent to detox and rehab with real legal consequences for failing to comply.

Are Incarceration or Death Becoming the Most Likely Outcomes?

Addictions can become so severe that that the only outcome in the absence of professional treatment is either jail or death. If your loved one's addiction is severe enough that you are worried they will end up in jail or at the morgue, then invoking the Marchman Act is probably your best action. While you can do this without legal counsel, you are more likely to be successful if you work with an attorney with experience handling Marchman petitions. The process can be confusing, and a lawyer will know the potential problems you could face if you try to do it alone.

Your Next Step

If your family member or loved one is in the grip of a life-threatening addiction, contact an attorney specializing in Marchman petitions. He or she will guide you through all the steps of the process and will know exactly what you're up against when you petition the court. Your loved one will have legal counsel working to prevent a successful petition, and your having your own legal counsel can help you prevail at a Marchman hearing. Having someone you love involuntarily sent to detox and rehab is a major step and it's emotionally draining. Yet this may be the action that ends up saving the life of someone you love.

Do you know how the Florida Marchman Act works to help an addict get the help they need? It's done with a court order that commits the addict to forced drug or alcohol rehab, which will pave the way for their recovery. But you can't take advantage of the Marchman Act alone. To get the help you need, go to arlshelp.com and talk to an expert.