The Marchman Act is a law in Florida that allows a court to order an addict or alcoholic into treatment. With proper guidance, under the Marchman Act, families can obtain a court order requiring their family members or friends with substance use disorders (addiction or alcoholism) to go to treatment for help.
A court order for treatment is issued following a petition filed by a person, recognized as a person who in good faith, that possesses knowledge of an individual that has lost control over their addiction and poses a threat to themselves or others. The individual in need of treatment must also lack the ability to make rational decisions about treatment for their addiction. After the court order is officially issued, the impaired person must complete an involuntary assessment in five days or less. Once complete, a judge reviews the findings and can order an individual into an addiction treatment program, sometimes for up to 60-90 days.
Featured Article by Joe Considine:
Florida's Marchman Act to Serve as Model for Country's Opioid Epidemic
The Hal S. Marchman Act was the first law of its kind in the country to get substance abusers into treatment via the courts.
...The country needs laws such as the Marchman Act which permits the court to place a substance abuser under varying levels of structure and care for up to nine months. Involuntary commitment via Florida’s Marchman Act is a vital and necessary tool in the fight against the opioid epidemic.
From: Origins Behavioral Healthcare, Addiction Today Radio
Topic: The opioid epidemic and the application of the Marchman Act
Guest: Joe Considine, Family Law and Marchman Act attorney
When substance abuse or drug addiction affects a friend or member of your family, there is a legal procedure that allows you to confidentially request a court order for assessment, stabilization and treatment. In Florida, this procedure is called “The Marchman Act.” This measure provides court-ordered consequences if the person does not follow the court’s directives.
There are millions of people with substance abuse problems. Everyone knows someone who has been affected by this terrible affliction. If you have a family member with a substance abuse problem, you are not without options. While your loved one with the problem is often unable to perceive that there is a problem and can remain in denial for a long time, the law provides help to the substance abuser and his family.
Many families feel hopeless. The addict / alcoholic is out of control. Where can the family turn? The Marchman Act gives them hope. Many substance impaired individuals get the help they need through the wise use of this law. Utilize the very experienced counsel of Joe Considine to assist you in getting help for your loved ones.
Extensive studies and research inform us that court ordered treatment is effective in changing the behavior of addicts and alcoholics.
Chapter 397 of the Florida Statutes is known as the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993". It provides for the involuntary or voluntary assessment and stabilization of a person allegedly abusing substances like drugs or alcohol, and provides for treatment of substance abuse.
Attorney Joe Considine explains the Marchman Act and its differences with the Baker Act.
Many treatment centers and mental health professionals refer families to our firm to help their addict and alcoholic loved ones. Joe Considine writes extensively and has published many articles on the Marchman Act. He regularly speaks to groups of mental health expert and treatment professionals.
Joe Considine has spoken to professional groups across Florida about the Marchman Act, including the statewide conference of Licensed Mental Health Counselors and various treatment centers. Joe Considine is the choice of many treatment centers who often refer clients to him. If your loved one is suffering from substance abuse, our law firm can help you choose the right solution to protect their best interests and as well as your family’s best interests.
Mr. Considine has over twenty years of experience assisting families with the difficult decisions you are faced with when a loved one is in the midst of substance abuse and its devastation. Joe Considine has handled many Marchman Act cases for families whose loved ones suffer from addiction problems and are unwilling to seek help.
If your loved one is suffering from substance abuse, contact the office at (561) 655-8081 for a confidential consultation. Substance abuse is not a problem that cures itself. Call Joe Considine to help you - help them get the treatment and services they need.
The Marchman Act works by using leverage. The addict/alcoholic faces the prospect of a simple choice: Either go to treatment for help they need or risk being held in contempt of court and going to jail for refusal to follow a court order to go to treatment.
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...My niece has been in and out of Rehab facilities for years. She has been unable to overcome her addiction to opioids, heroin and cocaine. As her trustee I was about to throw my hands up in despair. The heart wrenching details of the activities she was engaging in to secretly supply her habit demonstrated how far the disease had progressed. I didn’t know where to turn next, but as a lawyer, I had heard of the Marchman Act. By a stroke of good luck, I was recommended to you... Your advice has helped to make the first real in-roads and has restored our hope that with constant vigilance and support, my niece will successfully continue to treat this disease. She is a very bright and lovely young woman with a beautiful toddler daughter. She loves her child and her child needs her. But we have seen that bond hasn’t been enough to ward off these demons. The intense treatment and counseling you have recommended and implemented is the key... You should take pride in knowing that you are a true counselor. You have dedicated your life to saving and improving the lives of others. There is no higher calling.
...We so needed your expertise, experience and insight to help us navigate a really rough situation in a swift and delicate manner. Your advice and care eased the minds of our entire family and the pain we initially felt in using the Marchman Act to save a loved one’s life. Your way of explaining that we were doing the right thing made it a much easier decision. We are very fortunate that there is a Marchman Act and that there is a Joe Considine.
West Palm Beach Attorney Joe Considine has been rated Excellent by Avvo.com and is a former C.P.A. with over 1500 litigated cases.
Click on the Avvo Badge to read reviews of Mr. Considine's work by former clients and other attorneys against whom he litigates for more information about Mr. Considine's experience.
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