How To Marchman Act
Discover the facts about the Marchman Act and the implications of the petition process.
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How do I file a Marchman Act Petition?
Filing the Marchman Act simple. Actually making the statute work effectively for your loved one battling an addiction is much more complicated. Although we know that time is of the essence when it comes to handling a crisis situation, we encourage our clients to carefully consider all of their options before taking action:
Filing Option #1
The least expensive option is to file the Marchman Act yourself. Simply go to your local county courthouse, complete the Marchman Act package, and submit it to the court. However, keep in mind that since you are the petitioner it is your responsibility to make sure that all the details of the case are in order. Any miscalculations or misfiled petitions may fall back on you and your ability to work through the system. Although the cost may be the least on the front end, if your loved one falls through the cracks in the system, trying to file the Marchman Act yourself may actually become the most costly in the end.
Filing Option #2
Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from $7,500-$9,500. A knowledgeable attorney will be able to help you prepare for the legal proceeding, however, is not necessarily responsible to help you create, implement, and monitor an effective treatment plan to ensure continuity of care.
Filing Option #3
A caring a professional comprehensive intervention counselor will be able to create, implement, and monitor a treatment plan individualized to meet a variety of case management and therapeutic needs to help ensure continuity of care and compliance. The fee for the comprehensive intervention counselor is typically half of that for the attorney while generally providing significantly more time with the client and all those concerned. The comprehensive intervention counselor will help to locate a treatment option that fits, help to establish an open channel of communication, and map out a care plan that sticks with the ongoing support of loved ones. Your comprehensive intervention counselor will provide you guidance on how the Marchman Act can be applied to a well-designed long-term treatment plan.
What is the Marchman Act?
The Marchman Act is initiated by filing a petition for involuntary assessment in the county court where the impaired individual resides. The petition must be filed in good faith by a person recognized by the court to do so. The petitioner must have reason to believe, and/or direct knowledge that an individual has lost the power of self-control with regard to substance abuse and that there exists the likelihood that the individual has the potential to inflict harm upon themselves or others unless they get help. Furthermore, it must also be demonstrated that the impaired individual is without the capacity to make rational decisions with regard to appreciating the need for treatment.
Once all relevant testimony has been heard by the court, it may enter an order for involuntary assessment to assess and stabilize the impaired individual for a period not to exceed five days. The findings of that assessment are then reviewed with the court which may then enter an order for involuntary treatment for a period not to exceed 60 days. Keeping those proceedings in mind, in the hands of a well-trained professional interventionist, working with the support of likeminded professionals within the legal community, the Marchman Act can be introduced by the friends and family of the impaired individual as a healthy boundary to actually help them break through their own level of resistance.
