When someone you love is struggling with an addiction, getting that person to accept help isn’t always easy. Many addicts remain buried steadfastly in denial about the severity of their substance abuse problems. Interventions are sometimes successful at getting addicts to recognize the extent of their problems and accept treatment, but that’s not always the case.
If your addicted loved one is in the state of Florida, however, you may be able to take advantage of the Florida Marchman Act of 1993 to compel your loved one to seek addiction treatment under penalty of law. Your loved one doesn’t even need to be a Florida resident; if he or she enters Florida for any period of time, it’s possible to use the Marchman Act to compel him or her to seek treatment. Even though people who get treated under the Marchman Act do so involuntarily, the treatment is still beneficial and can help your loved one recover from addiction.
Who Can Use the Marchman Act?
The Marchman Act is a law that helps families use the courts to get their loved ones into addiction treatment, including stabilization, detox, and long-term care. A blood relative or spouse can invoke the Marchman Act, but you don’t need to be related to a person in order to take advantage of this law. Any three people who know of a person’s substance abuse disorder can invoke the law. This provision allows addicted people who don’t have any close family to still get help.
In order to invoke the Marchman Act successfully, you must be able to prove that your loved one has lost control over his or her substance abuse and that he or she is a threat to self or others due to substance abuse. You’ll also need to prove that your loved one can’t see the need for treatment or make treatment decisions for his or her self. Finally, you’ll need to prove that your loved one is unwilling to seek treatment.
You don’t need to live in Florida in order to use the Marchman Act to get your loved one into a rehab center in Florida. The Marchman Act recognizes that it can be difficult to establish residency for an addict, since so many of them are without a stable living situation. If you can get your loved one to Florida, it’s possible to file a Marchman Act petition on their behalf, even if you live elsewhere in the country.
How the Marchman Act Works
You don’t need an attorney to file a Marchman Act petition, but the services of an attorney are nevertheless very useful in doing so. First, you’ll have a hearing for involuntary assessment and stabilization before the court, and your loved one may be held for up to five days after the hearing for assessment. Following the assessment, medical staff will make their recommendation to the court.
Next, you’ll need to file a petition for treatment and go through a second hearing, during which the court will review the results of the assessment and recommendation. The judge may then order your loved one to attend a 60-day treatment program, with the possibility of a further 90-day extension. If the addict leaves treatment in violation of the court order, he or she can be incarcerated. An attorney can help you streamline this entire process and get your loved one help faster.
Involuntary Treatment Is Beneficial
It’s a common myth that addiction treatment can only work if the addict wants to get help. In fact, addiction treatment is just as likely to be successful if the addict is involuntarily compelled to get treatment. Even if your loved one has been to treatment before, or relapses and needs a further round of treatment after getting help under the Marchman Act, treatment can still be valuable.
Nancy Hamilton, who runs Operation Par, a private rehab in Florida, told The Fix, “We’ve had adolescents stay, go to college, and come back when they start using again. But they remember what they learned. The second time around was not just the same. They knew what they were doing and how well it was going to work out for them.” She believes that those who seek treatment a second time work even harder at recovery than they did the first time they got help.
Even addicts who get help involuntarily can succeed, even if they’re reticent at first, because no addict really wants to be addicted, experts say. Instead, feelings of powerlessness can keep people feeling trapped in the cycle of substance abuse.
If you have an addicted loved one who’s refusing help, there’s hope. Under Florida’s Marchman Act, you can compel your loved one to seek addiction treatment. Even involuntary treatment can help someone you care about overcome substance abuse and turn his or her life around.
