Eligibility Requirements
Who Can File a Marchman Act Petition?
Florida law allows concerned family members, friends, and professionals to petition the court for involuntary treatment. Learn who qualifies to file and what requirements must be met.
Quick Check
Can You File a Marchman Act Petition?
You CAN File If You Are:
- A spouse or domestic partner
- A parent (including adoptive)
- An adult child (18 or older)
- A legal guardian or custodian
- Three or more adults with direct knowledge
- A licensed healthcare professional
The Person Must:
- Have a substance abuse problem
- Have lost self-control over substance use
- Pose a danger to self or others, OR
- Be unable to make rational care decisions
- Be in Florida (resident or present)
Most Common Filers
Family Members
Immediate family members are the most common petitioners under the Marchman Act. As someone closest to the individual, you have firsthand knowledge of their struggle.
Who Qualifies as a Family Petitioner
Spouses & Partners
A legal spouse can file individually. Domestic partners may file, though documentation of the relationship may be helpful.
Parents
Both biological and adoptive parents can file, even if the child is an adult. Stepparents may need to demonstrate a close relationship.
Adult Children
Adult children (18+) can file for a parent who is struggling with substance abuse. This is increasingly common as parents age.
Siblings
Adult siblings can file for a brother or sister. You have unique knowledge of your sibling's history and behavior changes.
Other Relatives
Grandparents, aunts, uncles, and other relatives can file if they have personal knowledge of the individual's substance abuse.
Community Option
The Three-Adult Rule
Even if you're not a family member, Florida law allows any three adults with personal knowledge of the individual's substance abuse to file a petition together.
How the Three-Adult Rule Works
Three Adults Agree
Three adults (18 or older) who have direct, personal knowledge of the person's substance abuse agree to file together.
Sworn Statements
Each adult provides a sworn statement describing what they have personally witnessed regarding the substance abuse.
Joint Petition
The three statements are combined into a single petition filed with the court. All three petitioners are named on the filing.
Who Can Be One of the Three Adults?
Legal Authority
Guardians & Custodians
If you have legal guardianship or custodial responsibility for an individual, you have the authority to file a Marchman Act petition on their behalf.
Legal Guardians
Court-appointed guardians for adults who have been determined incapacitated can file petitions as part of their guardianship duties. This includes guardians of the person (who make personal decisions) and plenary guardians.
Custodial Parents
For older minors (16-17) with severe substance abuse, custodial parents can initiate the Marchman Act process. The court will determine appropriate treatment placement.
DCF & Child Welfare
When substance-abusing adults have children in the child welfare system, DCF caseworkers or child welfare professionals may be involved in filing petitions.
Professional Intervention
Healthcare Professionals
Licensed healthcare professionals who encounter patients with severe substance abuse can initiate Marchman Act interventions, particularly in emergency situations.
Professionals Who Can Initiate
Physicians
MDs and DOs can initiate emergency assessments when they determine a patient is impaired by substances and at risk.
Advanced Practice Nurses
ARNPs with authority can initiate emergency protective custody in certain circumstances.
Law Enforcement
Police officers can take individuals into protective custody when they encounter someone impaired by substances who appears to be at risk.
Substance Abuse Professionals
Licensed clinical social workers, marriage and family therapists, and mental health counselors specializing in addiction.
Real Situations
Common Filing Scenarios
Adult Child with Opioid Addiction
Filed by: Parents
A 28-year-old has been addicted to prescription opioids that progressed to heroin. Multiple overdoses, job loss, and refusal of voluntary treatment. Both parents file together.
Spouse with Alcohol Use Disorder
Filed by: Husband/Wife
A spouse's drinking has escalated to the point where they can't function, have had multiple DUIs, and refuse to acknowledge the problem or seek help.
Young Adult with Meth Addiction
Filed by: Three friends
A 24-year-old has become addicted to methamphetamine. Family is estranged or unavailable. Three close friends who have witnessed the decline file together.
Elderly Parent with Alcohol Abuse
Filed by: Adult children
A 72-year-old parent's alcohol consumption has become dangerous. They've had falls, missed medications, and shown cognitive decline. Adult children intervene.
Sibling with Cocaine Addiction
Filed by: Brother/Sister
A 35-year-old's cocaine use has destroyed their marriage, career, and health. Siblings file after parents have passed away or are unable to act.
Incapacitated Adult with Substance Abuse
Filed by: Legal guardian
A person under legal guardianship for mental incapacity has developed a severe substance abuse problem. The guardian files to protect their ward.
Legal Requirements
What Must Be Proven About the Individual
Even if you qualify as a petitioner, the individual must meet specific criteria for the court to order treatment.
Substance Abuse Impairment
The person must have a substance abuse problem that impairs their judgment or ability to make rational decisions. This is demonstrated through specific behaviors, incidents, and patterns of use.
Loss of Self-Control
They must have lost the power of self-control with respect to substance use. Evidence includes failed attempts to quit, inability to stop despite consequences, and continued use despite serious harm.
Danger or Incapacity
The person must either pose a danger to themselves or others (overdoses, reckless behavior, violence) OR be incapable of making rational decisions about their own care and treatment.
What Counts as "Evidence"?
- Specific incidents you've witnessed (with dates and details)
- Overdoses, hospitalizations, or medical emergencies
- Failed attempts at voluntary treatment
- Dangerous behaviors (driving under influence, violence, self-harm)
- Statements the person has made about their use
- Physical signs of impairment (weight loss, track marks, decline)
- Police reports, hospital records, or other documentation
Questions
Eligibility FAQs
Can I file if I live in a different state?
Yes. You don't need to live in Florida to file a Marchman Act petition. However, the person you're filing for must be physically present in Florida. The petition is filed in the Florida county where the individual is located.
What if the person with addiction is a minor?
The Marchman Act can apply to minors (under 18) in certain circumstances, though the process may differ. Parents or guardians can file, and the court will determine appropriate treatment placement. For minors, there may also be other intervention options worth exploring.
Can I file without the person knowing?
The petition can be filed without the person knowing initially. However, they will be notified when picked up for assessment and have the right to a hearing before treatment is ordered. The process is designed to protect their due process rights.
What if family members disagree about filing?
Only one qualified family member needs to file the petition. However, disagreement within the family can complicate the process. If some family members oppose the petition, they may appear at the hearing to voice their concerns. We recommend trying to reach consensus when possible.
Can an employer file a Marchman Act petition?
An employer cannot file individually but could be one of three adults who file together under the three-adult rule. However, this raises confidentiality and employment law concerns. It's more common for employers to encourage family members to file or refer employees to EAP programs.
Do I need to witness the substance use directly?
You don't necessarily need to witness actual drug use, but you do need personal knowledge of the person's impairment. This can include witnessing intoxicated behavior, finding paraphernalia, seeing physical signs of addiction, or experiencing the consequences of their use firsthand.
Not Sure If You Qualify?
Every situation is different. Our team can help you understand whether you're eligible to file and guide you through the process. Call us for a free, confidential consultation.
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