Broward County Marchman Act Attorney 

Understanding the Marchman Act and Your Legal Options in Fort Lauderdale, FL

In Broward County, the Marchman Act provides families, caregivers, and concerned individuals with a legal pathway to seek court-ordered assessment, stabilization, and treatment for someone struggling with severe substance abuse. Whether it’s alcohol, prescription drugs, or illicit substances, the Marchman Act can serve as a crucial lifeline—particularly when a loved one is unwilling or unable to seek help voluntarily.

What Is the Marchman Act?

The Florida Marchman Act, codified under Florida Statutes Chapter 397, allows for the involuntary evaluation and treatment of individuals with substance abuse impairments. This law balances the need for treatment with an individual’s civil liberties and is designed to prevent harm to the individual or others.

Unlike criminal court proceedings, Marchman Act cases are civil in nature. The goal is not to punish—but to intervene and stabilize, often in emergency situations.

Who Can File a Marchman Act Petition in Broward County?

In Fort Lauderdale and throughout Broward County, the following individuals may file a petition:

• Spouses or family members

• Legal guardians

• Licensed healthcare professionals

• Three unrelated adults who have direct knowledge of the person’s substance misuse

In cases involving minors, a parent or guardian may file directly without needing third-party support.

Criteria for Involuntary Commitment

To qualify for a court-ordered assessment or treatment under the Marchman Act, the respondent (person you are filing for) must:

1. Be impaired due to substance abuse, and

2. Have lost the power of self-control with respect to substance use, and

3. Be either:

   • A danger to themselves or others, or

   • Incapable of appreciating the need for treatment

It is not enough that the person is using drugs or alcohol. The petitioner must show evidence of significant impairment, risk, or harm.

The Marchman Act Process in Broward County

The process typically follows these steps:

1. Filing the Petition

A verified petition is filed with the Broward County Clerk of Court. It must include factual details about the individual’s behavior, history, and substance use patterns.

2. Court Review and Hearing

A judge will review the petition. If it meets legal criteria, a hearing may be scheduled—often within days. The respondent has the right to appear and may have legal representation.

3. Court-Ordered Assessment

If the court agrees there’s enough evidence, it may order a 5-day involuntary assessment at a licensed facility. This period allows professionals to evaluate the person’s condition.

4. Treatment Recommendations

Following assessment, the court may:

• Order no further treatment,

• Recommend outpatient services, or

• Initiate involuntary treatment for up to 60 days (extendable if needed).

Challenges with the Marchman Act

While the Marchman Act offers vital help, the process can be emotionally and legally complex. Common challenges include:

• Locating licensed treatment facilities with available beds

• Navigating privacy laws like HIPAA

• Responding to emergency relapse or noncompliance

• Ensuring due process for all parties involved

In Broward County, where cases are heard in the Seventeenth Judicial Circuit, each step must be handled with careful attention to both legal standards and the emotional sensitivities of the situation.

Is the Marchman Act the Same as the Baker Act?

No. The Baker Act applies to mental health crises, while the Marchman Act addresses substance use disorders. However, someone with co-occurring disorders may be eligible for both. It’s important to understand which law applies to ensure the person receives the right kind of care.

Fort Lauderdale Area Resources

When to Seek Legal Guidance

Filing a Marchman Act petition isn’t simply a matter of paperwork—it involves the presentation of evidence, adherence to court deadlines, and understanding how the process affects everyone involved. Especially in Fort Lauderdale, where judicial discretion and facility availability can vary, having legal guidance can ensure the process is carried out effectively and respectfully.

📞 Need Help? Talk to a Marchman Act Attorney Today

If you believe someone you care about may qualify for involuntary treatment under the Marchman Act, the legal team at Mayersohn Law Group is here to help you understand your rights and options.

Contact our Fort Lauderdale office at (954) 765-1900 or visit mayersohnlaw.com to request a consultation. Compassionate help is available—when you’re ready to take the first step.