What You Need to Know About the Marchman Act
If you have a family member, friend or loved one who has
lost control of his life because of his addiction to drugs or alcohol, you may
be able to use the provisions of the Marchman Act to compel him to seek and
adhere to treatment. The Marchman Act empowers a judge to impose court-ordered
addiction rehab and treatment services under the threat of serious penalties if
the individual ordered to attend assessment and rehab services fails to comply
with the court order.
Who Can File a Marchman Act Petition?
If the person with the substance abuse problem is a child,
the petition for services may be filed by a parent, a legal guardian or a
licensed service provider. If the individual is an adult, the following people
can petition for court-ordered addiction rehab services: a spouse, a guardian,
any relative, a private practitioner, a director of a licensed service provider
or designee or any three adults with personal knowledge of the individual’s
substance abuse.
What Do I Need for a Marchman Act Petition?
You’ll have to appear in person at the clerk’s office to
file an affidavit and petition for assessment and treatment, and will have to
present information about the person’s behavior, identification and location.
If you need help assembling the information you need and writing an affidavit,
there are a number of lawyers and organizations that can provide assistance.
The Marchman Act provides the tool many families need to get
help for a family member or loved one who has become a danger to himself and/or
the community. You don’t have to stand by helplessly and watch. There are
people out there who can help you get the help you need.
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