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The Marchman Act in Palm Beach County

Florida’s court process for someone who has lost control of their use and refuses help.

Last checked November 2026

WHAT YOU’LL NEED

  1. Facts about their behavior
  2. Their ID details and location
  3. A visit to the Clerk’s office

What it is

The Marchman Act is a Florida law that allows voluntary and involuntary assessment, stabilization and treatment for a person with a substance use problem. The Palm Beach County Clerk says a petition may be filed when there is a good faith reason to believe a person is impaired by substance use and has lost the power of self-control over it.

Who can file

For an adult, Southeast Florida Behavioral Health Network says a petition may be filed by:

  • A spouse, guardian or any relative.
  • A private practitioner.
  • A director of a licensed provider, or a designee.
  • Any three adults with personal knowledge of the person’s substance use.

For a minor, it can be a parent, a legal guardian or custodian, or a licensed service provider.

How it works

  • You go to the Clerk’s office in person to complete a sworn petition. Arrive by 4:30pm.
  • The clerk opens a case, and a hearing is set within 10 days.
  • The person is served with the petition and a notice of the hearing by the Sheriff’s Office.
  • If the court orders it, a facility assesses and stabilizes the person for up to 5 days.
  • A written assessment goes to the court. If the person meets the criteria, a treatment hearing follows within 10 days.
  • The court may order involuntary treatment for up to 60 days.

Rules can change and every case is different. Call the Clerk’s Unified Family Court team at 561-355-6511 before you go, and consider talking to a lawyer.

Sources

This is general information, not medical advice. Talk to a doctor about your own situation.

Frequently asked questions

Do I need a lawyer to file?

Not to file, but a lawyer can help, especially if the case is contested. Ask the Clerk about current fees.

Is the Marchman Act the same as the Baker Act?

No. The Baker Act covers mental illness. The Marchman Act covers substance use.

Can I file if I’m not related?

Yes, in a group of three adults who have personal knowledge of the person’s use.

What if it’s an emergency?

Call 911. Court steps take time and are not an emergency response.