In short: Florida’s Marchman Act (Chapter 397) lets a spouse, relative, guardian, or three adults with personal knowledge petition a court for involuntary assessment and treatment of someone who has lost control over substance use and is likely to harm themselves or others, suffer serious neglect, or can no longer judge their own need for help. A 2024 law consolidated the court process. Exploitation protections may also apply.
Families watching someone spiral with alcohol or drugs often feel they have no legal options. Florida gives them one, and it is underused.
What the Marchman Act Does
Chapter 397 allows a court to order involuntary assessment, stabilization, and treatment for substance abuse. It is the addiction counterpart to the Baker Act (Chapter 394), which addresses mental illness.
Who Can File
A petition can be filed by the person’s spouse or legal guardian, any relative, a private practitioner, the director of a licensed service provider, or any three adults who have personal knowledge of the person’s substance abuse impairment.
The Criteria
Generally, there must be a good-faith reason to believe the person:
- is substance-abuse impaired and has lost the power of self-control over use; and
- either needs services but is so impaired in judgment that they can’t appreciate that need or decide rationally about it; or, without care, is likely to suffer serious neglect or there is a substantial likelihood they will harm or threaten to harm themselves or others (§ 397.675).
What Changed in 2024
HB 7021, effective July 1, 2024, replaced the separate court-ordered assessment and stabilization steps with a consolidated involuntary treatment process, allowed remote testimony, and required discharge planning. The result is fewer separate hearings for families.
Addiction and Financial Exploitation
People in active addiction are targets. A person whose ability to protect themselves is impaired by a mental, emotional, or other dysfunction can qualify as a "vulnerable adult" under Chapter 415, which opens exploitation remedies, including the injunction under § 825.1035, when someone takes advantage of them financially. A durable power of attorney or advance directive signed while sober can prevent a guardianship later.
Practical Steps
- Write down specific incidents: dates, what happened, who saw it.
- Gather medical records, arrest reports, and messages if available.
- Line up treatment options in advance.
- File in the county where the person is located.
Watch: the videos behind this article
Alcohol Abuse, Financial Exploitation, and Florida Chapter 415: When Loved Ones Must Step In
If You’re Searching for Rehab or Mental Health Help, Florida Law Lets You Step In (Chapter 415)
More Short Videos on This Issue
Go Deeper
Frequently Asked Questions
Who can file a Marchman Act petition in Florida?
A spouse, guardian, relative, private practitioner, director of a licensed provider, or any three adults with personal knowledge of the person’s substance abuse impairment.
What is the difference between the Baker Act and the Marchman Act?
The Baker Act (Chapter 394) addresses mental illness; the Marchman Act (Chapter 397) addresses substance abuse.
What changed in the Marchman Act in 2024?
HB 7021 consolidated the court-ordered process into a single involuntary treatment procedure, allowed remote testimony, and required discharge planning, effective July 1, 2024.
Can someone with addiction be a vulnerable adult in Florida?
Possibly, if a mental, emotional, or other dysfunction impairs their ability to care for or protect themselves, which opens Chapter 415 and 825 protections.
Talk to a Florida lawyer about protecting a family member
Weidner Law, P.A. helps Florida families with exploitation claims, guardianship alternatives, and probate and trust litigation. For a medical emergency, call 911. Call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
