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Estate Law Attorney | Important Questions that Your Estate Law Attorney Would Ask You

Facing our mortality is one of the most difficult things we must do in this life – which is why we’re sure you’ll agree that estate planning isn’t something that most of us would look forward to. In fact, it can be more painful than you might expect because you’ll be forced to decide who […]

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Lawyer Boca Raton FL | When Do You Need a Lawyer?

Do you want to recognize certain situations that may require you to get a lawyer Boca Raton to handle your defense? A slew of legal matters (that may or may not require for you to have legal representation) exists between a traffic ticket and an armed robbery. Check out these instances in which a lawyer […]

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Available Treatment Options with Marchman Act

Has the court recently ordered your loved one to treatment through the Florida Marchman Act? If you haven’t had the chance to talk to your Marchman Act lawyer Florida about the treatment options that are made available to him or her, check this out. What are the Available Treatment Options? You can choose to have […]

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What To Expect from the Best Defense Lawyer

If you find yourself looking at a substantial fine or prison time, you’ll need to find the best Defense Lawyer Near Me as soon as possible. For those who are charged with committing a crime regardless of its severity, representation during criminal proceedings is definitely a must. It doesn’t matter if you have one of […]

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Alcohol Violations Attorney Boca Raton | All You Need to Know About Florida Alcohol Laws

With over millions of travelers flooding the coasts, the Keys, and Cinderella’s castle, it’s not a big secret that Florida is one of the perfect vacation destinations in the country. However, countless visitors assume that the alcohol laws in the Sunshine State are the same as those where they live. Before you and your best […]

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Comparing the Marchman and Baker Act

Do you have a loved one who’s become a threat to himself or herself and to others? Does this same person refuse to get help even after a long tearful talk? Is this loved one currently residing in the state of Florida? If your answer is yes to all these questions, then it’s about time […]

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Drug and Alcohol Attorney Boca Raton | Top 3 Questions About Guardianship

If you have an adult loved one who’s no longer able to make sound decisions for himself or herself, then you’ll need to talk to a drug and alcohol attorney Boca Raton or read up on the top questions about guardianship. Check this out: What is Guardianship? Also known as conservatorship, guardianship is a legal […]

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Drug and Alcohol Attorney Boca Raton | FAQs About the Marchman Act

Do you have a loved one who refuses to get treatment for addiction to drugs and alcohol? Perhaps you’re desperate to save his or her life that’s why you want to learn all you can about the Marchman Act. If you haven’t had the chance to talk to a Drug and Alcohol Attorney Boca Raton […]

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Defense Lawyer Near Me | Why Hire a Criminal Defense Lawyer?

If you’re charged with a crime or facing serious penalties – don’t panic. In a court of law, you’re still presumed innocent until you’re proven guilty. The prosecuting attorney will do everything in his power to prove the elements of the crime charged without a reasonable doubt. At this point, the smartest decision you can […]

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How to Get a Loved One into Rehab for Substance Abuse

Nothing’s more painful than watching a loved one struggle with substance abuse especially when they’re not willing to admit that they have a problem. When a person struggles with drug or alcohol addiction, his relationships with family and friends suffer. Your desire to help them get professional treatment may be met with hostility. Here’s a […]

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Boca Raton Drug Defense Lawyer | Why Should You Hire an Experienced Drug Defense Lawyer?

If you were falsely charged with drug trafficking and put behind bars until lab test results are released, you’ll need an experienced Boca Raton Drug Defense Lawyer to speed up the process. Your chances of having the charges dropped are quite slim if a newly-trained lawyer or you would deal with these matters on your […]

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Estate Planning Lawyer | What You Need to Know About Estate Planning Lawyers

If you’re looking for an Estate Planning Lawyer who specializes in putting together a good estate plan, you’ve come to the right place. Contrary to what most people assume, estate planning doesn’t just begin and end with the last will and testament. It seeks to expertly facilitate the transfer and management of your property after […]

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Defense Lawyer Near Me | Top 4 Skills of a Good Defense Lawyer

Every Defense Lawyer Near Me upholds the constitutional right of all sorts of criminals ranging from drug dealers to mass murderers, to a fair trial no matter how heinous the crime. He stands by his clients who are accused of everything from minor to major offenses and mounts the most effective defense on their behalf. […]

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One of the tools to help a family gain control over substance abuse and mental health disorders

I am an Attorney in the Law Firm Drug and Alcohol Attorneys in Boca Raton, Florida; our firm specializes in helping families in crisis because of substance abuse and or mental health disorder. Deaths from substance abuse has reached epidemic proportions. Deaths from mental health disorders are also increasing and we only have to look […]

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Frequently Asked Marchman Act Questions

When it comes to the Marchman Act, it helps to have a Boca Raton Marchman Act lawyer. The process is can be very intimidating and stressful. Knowing what you need to know about the Marchman Act could be the difference in your loved one getting the help they need or not. What Does the Marchman […]

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Is the Opioid Crisis, at Least in Part, Man Made?

Every day we speak to families in crisis because a loved one, usually their child (18-30 years old) has a raging substance abuse problem and co-occurring mental health disorder. One startling fact we’ve noticed is that in nearly every case the child has been prescribed medication for ADHD, usually Ritalin or Adderall, in addition to medication for anxiety or depression, such Xanax. It seems that once a medication has been prescribed, […]

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The Private Sector isn’t the Problem in the Opioid Crisis, but it May be the Solution

Palm Beach County is the drug treatment capital of America, if not the world.  For the past several months there have been daily reports of deaths and overdoses. Some argue that the threat posed by terrorism pales in comparison to the threat posed by the opioid crisis. That being said, former Florida Governor Rick Scott, has recently declared a […]

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The Best Kept Secret in the Fight Against Drug Addition

The Centers for Disease Control estimate that 114 people a day die because of drugs (TIME magazine offers a much higher estimate), and 6,748 will be sent to hospital emergency rooms for treatment.  While addiction and substance abuse are undoubtedly major problems in the US, a survey conducted by the Substance Abuse and Mental Health Service Administration found that as […]

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To Blow or Not To Blow, That is the Question

As a Drug and Alcohol attorney who helps individuals and families navigate the legal system to take advantage of the Marchman Act (Florida’s involuntary commitment statute for drug and alcohol disorders), I also represent people that have been arrested for drug or alcohol-related offenses. One of the offenses that I most frequently get retained on […]

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Marchman Act Florida | Basic Questions About the Marchman Act

When it comes to the Marchman Act Florida, there is a lot you need to know before filing the petition. It is important to have all of the information available to you. It might save someone’s life. Is the Marchman Act Unique to Florida? Yes, it is. While there are similar acts in several states, […]

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Guardianship Lawyer in Florida | Things to Know About Guardianship

Did you know that 2 in 5 cases each year involve guardianship? Legal guardians assume the responsibility of another individual with support and care who can’t provide for themselves. Keep reading for more information about your guardianship lawyer in Florida!       What is Guardianship? In the first place, a legal guardian is a sole […]

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Florida Marchman Act Attorney | What You Need to Know About Marchman Act

When it comes to getting help for addiction, not everyone is willing or able to seek out what they need. Some people require intervention. Thankfully in Florida, we have the Marchman Act. What is the Marchman Act? You don’t need a Florida Marchman Act attorney to understand what it does, but you will need one […]

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Defense Lawyer Near Me | What is the Role of a Defense Lawyer?

If your only knowledge when it comes to lawyers is what you see on those court TV shows, you might think being a lawyer is easy. In reality, though, the role of a defense attorney goes way beyond just going to court. There are hundreds of hours of work that lawyers put in behind the […]

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Estate Law Attorney | What Do I Need to Know About Estate Law?

While nobody ever wants to think about life after they are gone, it is important to have all your ducks in a row before you die. While most people know when their time is up and can plan accordingly, accidents can happen too. That’s why it’s important to have your estate in order at a […]

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Boca Raton DUI Lawyer | What to Ask A DUI Lawyer

No matter what the cause was, driving under the influence charges are viewed as serious offenses in the court system. Depending on the extent of the DUI arrest, anything from a loss of a driver’s license to serving time in jail can be a punishment handed down. That’s why it is so important to not […]

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Marchman Act in Florida | Frequently Asked Marchman Act Questions

Having a family member or loved one that is battling addiction can be difficult. Watching someone you care for lose control of their life can be a very difficult thing to go through. Luckily, thanks to the Marchman Act, you can help that person even if they don’t want to help themselves. When it comes […]

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Lawyer in Boca Raton FL | What Should I Talk to My Lawyer About?

While having to talk to a lawyer isn’t always an ideal situation, there are times in life when it is necessary. Even if you aren’t in legal trouble, situations can come up where you might need legal advice or counseling. It’s important, no matter what the situation, to know the best way to communicate with […]

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Involuntary Commitment and Treatment and Subsequent Constitutional Rights Violations

Written by: Jaclyn Bovarnick John Doe, a young man who found himself in the criminal justice system because of an “impulse control” issue, suffered for over twenty years from a mental illness that was poorly managed and mis-diagnosed1. As a result of his poorly treated mental illness, he began to use and abuse anything that […]

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Estate Planning Lawyer | Tips for Preparing a Last Will and Testament

Most people don’t want to think about what will happen when they die. Life is short and thinking about death is no fun. However, it is important to make sure that when that day comes your affairs are in order and your family is taken care of. That’s why a last will and testament is […]

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Drug and Alcohol Attorney in Boca Raton | What to Expect

Selecting a lawyer is no small task. Choosing the right lawyer can help you greatly when it comes to your case. On the other side of that though, choosing the wrong lawyer can be detrimental to your case. So, how do you know if you are picking the right lawyer? Well, let’s take a look […]

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Drug Arrest Defense Attorney in Boca Raton | Choosing the Right Lawyer

When it comes to dealing with a criminal charge, choosing a lawyer can be one of the most important decisions of your life. The right lawyer can be the difference between jail time and no jail time. If jail time is unavoidable, a good lawyer might be able to help in shortening the amount of […]

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Estate Planning Attorney in Boca Raton | Mistakes to Avoid

While you might think that an estate plan is something that is only for the rich, it’s not. If you have anything of value to your name, it is important to have an estate plan in place. When it comes to estate planning, there’s more to it than knowing what to do. You also need […]

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Will my opioid drug dealing case be heard in regular criminal court or are there special…

There are special drug courts, but it depends on the charge. Drug courts are more for people who are in possession or in need of services. If the charges are trafficking or drug sale type charges, it is extremely unlikely it will go to a drug court for resolution.

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Will I be charged to speak to an attorney about my Florida drunk driving case?

No. At Drug and Alcohol Attorneys, we always offer a free consultation, so you’ll have the ability to speak with an attorney in person normally for about an hour to discuss what your options are, what are the potential strengths and weaknesses of your case, what possible sentences or sanctions you might face. If you […]

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What symptoms and behavior is the officer looking for during the initial detention at…

Well, number one would probably be the odor of alcohol on your breath. If an officer smells alcohol on your breath, he or she is certainly going to be concerned about the fact that you’re driving under the influence. Other things they typically look for are slurred speech, a flushed face, glossy and red and […]

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What is an ignition interlock device?

This is a device the courts requires to be placed on probationers’ vehicles if they’re placed on probation for DUI offenses. It is literally installed in the vehicle, and the probationer will have to give a sample of their breath before the vehicle will actually start. It is required for a certain period of probation. […]

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What if the search and seizure is not legal?

If the search and seizure is not legal, a lawyer that’s skilled in the Fourth Amendment is going to have an opportunity to go in front of a judge and ask that judge to exclude all the evidence, so the Fourth Amendment basically protects us against unreasonable searches and seizures. What it mandates is that […]

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Why can individuals be charged with drug dealing in Florida when the opioid drugs were…

Florida has made possession of a certain amount of opioids automatic trafficking charge. This means that, based on the amount you’re in possession of, the government has a right to argue to a jury that you would have to have been having possession for the purposes of trafficking only and not for personal consumption.

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What should I do if I am asked to take a field sobriety test in Florida?

If you refuse a breath test in Florida, your license is going to get suspended. What you need to understand is that in Florida, if you get arrested for DUI, that arrest, that criminal case, the criminal prosecution, is separate and apart from an administrative suspension of your driving privilege. So in Florida, when you […]

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What happens if I refuse a breath test in Florida?

If you refuse a breath test in Florida, your license is going to get suspended. What you need to understand is that in Florida, if you get arrested for DUI, that arrest, that criminal case, the criminal prosecution, is separate and apart from an administrative suspension of your driving privilege. So in Florida, when you […]

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What are the punishments for opioid drug offenses?

The punishment varies from the actual charge itself. It depends on the charge. In Florida and in federal courts, you can be charged with mere possession all the way up to trafficking in opioids. The more serious the offense, the more likely you can receive mandatory sentences of up to 15 or 30 years in […]

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What are prescription opioids?

Prescription opioids are drugs or opioids as refer to them, that have been prescribed to you by a doctor. The problems arise when one, you’re not in possession of opioids or prescriptions that were prescribed to you. Two, you might be in possession of prescription that is expired. Or three, you’re in possession of a […]

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Opioid drugs were found in my car, but they are not mine. I was arrested. Do I need…

Yes, absolutely. In Florida, the authorities are permitted to prosecute you and convict you if the drugs were not actually in your possession. It’s called constructive possession. That means even if the items were found in your briefcase, in the trunk of a car, you may still be prosecuted, so you do need an attorney […]

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The police officer never gave me a Miranda warning following my drunk driving arrest…

Generally not. Miranda warnings were intended by our Supreme Court to prevent suspects from making self-incriminating statements. So, if there was a deficiency in the Miranda warnings or no Miranda warnings, generally that only means any statement that was made by a suspect may be excluded from prosecution. Most DUI arrests result from an officer’s […]

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I was arrested for possession of opioid drugs. What happens next?

If you’ve just been arrested, chances are the officer is going to book you into the local county jail. Most of the drug offenses have a schedule bond so you’ll have the opportunity to post some type of bond. If you can’t post a bond for any reason, within 24 hours you must be brought […]

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Is refusing to let the police search me an admission of guilt?

No, you have an absolute right to tell the police that you’re not going to consent to a search. The Fourth Amendment protects against unreasonable searches and seizures, and absent some type of exception to that, the police are not supposed to search you. Now, if you do consent, and they find drugs or some […]

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I actually passed the breath test, but the police still arrested me. How is that possible?

You can be charged in Florida under two theories. Either an unlawful blood alcohol level, or driving under the influence, which is based on whether or not you have use of your faculties. So an officer can charge you based on his observations, his mere opinions, that you are impaired. That would be a decision […]

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Do police have to follow any particular rules in arresting me and searching for opioid drugs?

Yes, any time the police make an arrest, it has to be based on probable cause. What that means is, would a reasonable officer, in that particular situation, under those circumstances believe that a crime had been committed? Once there’s been a lawful arrest, in other words, one based on probable cause, the police are […]

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How will a Florida DUI conviction affect me other than the criminal penalties and the license loss?

A DUI conviction is a matter of public record, and because it’s on your license forever, in other words it stays on your driving record, it never disappears or falls off, anybody who’s conducting some kind of background check is going to see it. The second thing to understand is that DUI is an enhancement […]

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Do I need an attorney if I am being charged with a heroin offense?

Anytime you’re arrested, you should have an attorney. When it comes to drug offenses, heroin being one of those, those cases are a little bit unique in that they typically involve matters in search and seizure, the Fourth Amendment. And when you’re dealing with the Fourth Amendment, that gives us the unique opportunity, sometimes, to […]

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How can I find a qualified drunk driving defense attorney?

One of the things that people fail to understand about DUI is that it’s technically one of the most difficult cases to prove because it’s governed by statutes and regulations and rules. It’s also a difficult case to defend because it’s governed by statutes, regulations and rules, so you need to find a lawyer who’s […]

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Can the police charge me with a breathalyzer refusal, even though I tried to blow into it?

Yes, you are required to give two adequate samples, pursuant to Florida law. If the officer makes a judgment call that you are not attempting to give him an adequate sample, him or her, then yes, they can charge you. However, that determination, that factual determination of whether or not you refused or not can […]

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Are there special considerations and penalties for someone who is underage and arrested…

If there’s somebody who’s underage, the special consideration if you want to call it special, is that if you’re an adult the legal limit is 0.08. If you are underage it’s 0.02. So, in effect it means if you’re underage it’s much more serious and as a result it’s probably much more likely you’re going […]

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Can I get a limited license or work permit following a Florida drunk driving conviction?

If this is your first DUI conviction and you have successfully completed the DUI school, you’d be eligible to ask the Department of Highway Safety Motor Vehicles for some type of temporary or work permit. In other words, a license that would enable you to go to work, go to church, go to the doctor. […]

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Can I obtain a license in another state after a drunk driving conviction?

That’s going to be up to the individual state in which you are applying for a driver’s license. If you want to know the law in a particular state, you should certainly consult with a lawyer who is licensed in that state. That being said, if you have a suspension, a driver’s license suspension here […]

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Can I Have My Drunk Driving Conviction Expunged in Florida?

No, Florida can charge you with a subsequent DUI, which requires a more serious offense. Therefore, prior DUI’s are always kept on record, because ultimately, in Florida, the more DUI’s you acquire, the more serious the penalty. In fact, after three arrests, you can be charged with felony DUI in Florida, so they keep an […]

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What to do when someone is in crisis due to substance abuse or mental health?

When someone you love is in crisis due to substance abuse or mental health issues you may be at your wits end and don’t know who or where to turn to for answers. At Drug and Alcohol Attorneys we are dedicated to giving families and individuals dealing with these diseases options and plans of action […]

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Why You Need a Drug and Alcohol Attorney?

America is fighting a war on drugs and if you are caught with an illegal substance, you can literally become a prisoner of war. Likewise, if you are pulled over for DUI and found to have a blood alcohol content above the legal limit, you may also be facing jail time and harsh penalties. If […]

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Who is the petitioner in an emergency temporary guardianship (ETG) appointment?

The petitioner in an ETG or emergency temporary guardianship can be anybody over 18 years of age who’s not a convicted felon who has direct personal knowledge of the other person’s alleged incapacity. In other words, they know the reasons why the person is incapable of making rational decision for themselves and they can articulate […]

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Who is the respondent in an emergency temporary guardianship (ETG) appointment?

The respondent is going to be the person who’s on the other end of the petition. We call that a ward or the AIP, the alleged incapacitated person. That’s the person over whom somebody else is trying to get control over. The petitioner, the person who’s going to the court is going to ask a […]

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Who can be appointed as a guardian under an emergency temporary guardianship (ETG) appointment?

In an ETG appointment, or Emergency Temporary Guardianship appointment, it’s going to be somebody over the age of 18 years of age, who’s not a convicted felon. Typically, when we’re dealing with a young adult who has an addiction issue and/or mental illness issue, it’s going to be one of the parents, the person who […]

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Who can be a permanent guardian?

Pretty much anybody could be a permanent guardian. They have to be over 18 years of age. They can’t be a convicted felon. They have to take the eight-hour guardianship course which they can take online. They may be a professional. They may be a nonprofessional, meaning somebody that’s the court has determined to be […]

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Who can seek a permanent guardianship?

Anybody over the age of 18 years of age can seek a permanent guardianship. Typically, when you’re dealing with a young adult who has the disease of addiction or mental illness, it’s going to be the mother or the father, but it could be anybody, as long as they’re not a convicted felon and they’re […]

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When do I need to seek a permanent guardianship?

A permanent guardianship can be sought in two instances. It might follow the granting of an emergency temporary guardianship when the reason for the initial petition is ongoing. In other words, it’s lasting past the 90 days, or it’s lasting past the 180 days that was initially granted for the emergency temporary guardianship. And obviously […]

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When can an emergency temporary guardianship (ETG) appointment be granted?

An emergency temporary guardianship is going to be granted after a petition has been filed and the court has conducted a hearing to determine if the allegations in the petition are true and if in fact, made a finding that the respondent, the person on the other end of the petition, is not capable of […]

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What rights does the respondent have in an emergency temporary guardianship (ETG) appointment?

The respondent has the right to contest the allegations that are made in the petition because the petitioner is seeking to take away certain rights of the respondent, like the right to make medical decisions or the right to control their finances. They have right to a hearing, which means there’s going to be a […]

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What kind of lawyer can assist me in seeking help for child with substance abuse problems?

The kind of lawyer that can help a mom or dad who has a child who has addiction or mental illness is a lawyer that specializes in helping families that are in emotional crisis because of addiction or mental illness. At Drug and Alcohol Attorneys , we only do one thing: We help families that […]

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What is a guardianship?

A guardianship is a legal proceeding that allows someone to go into court and ask a judge to give them authority to make financial and medical decisions for somebody else. For instance, a parent may go into court and ask a judge to give them the ability to make decisions for their child, somebody over […]

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What is the difference between a guardianship and health care directive and power of attorney?

Okay, so let’s start with the healthcare directive. Basically, what I’m doing is I’m giving you the ability to make medical decisions for me when I’m not able to do that. Perhaps I’m in a car accident, perhaps I get struck down by some illness, but in any of them what I’m doing is I’m […]

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What are the responsibilities of the guardian?

Being appointed a guardian is a fiduciary relationship. That means that the court has made a determination that you as the guardian are trustworthy. In other words, that you’re going to make decisions that are in the ward’s best interest. You’re not going to steal from them. You’re going to make medical decisions that are […]

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What is an emergency temporary guardianship (ETG) appointment?

An emergency temporary guardianship or an ETG is a guardianship that is granted on a temporary basis. So what that means is a parent or a guardian is going into court asking the judge to give them the authority to make medical, financial decisions over somebody who’s over 18 years of age on a temporary […]

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What are some legal avenues that I can take to help a child with substance abuse problems?

As drug and alcohol attorneys we specialize in helping young adults who have addiction and mental illness issues. Typically, we use two avenues when it comes to making that person go to treatment and keeping them into treatment. Number one is the Marchman Act, which is Florida’s involuntary commitment statute for addiction and co-occurring mental […]

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How is an emergency temporary guardianship (ETG) appointment different than a determination of permanent guardianship?

The ETG, the Emergency Temporary Guardianship, is only granted on a temporary basis. Initially, it can be up for 90 days, and then it can be extended for a further 90 days. So you have a total of 180 days. What makes it different from the permanent guardianship is that, at the ETG hearing, there’s […]

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How do I seek a permanent guardianship?

To seek a permanent guardianship requires two things. There’s going to be a petition to determine incapacity. In other words, the court is going to appoint three experts to determine is this person, is the respondent, the person on the other end of the petition, are they incapable of making rational decisions on their behalf. […]

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How does an emergency temporary guardianship (ETG) appointment affect HIPPA rights?

HIPPA is our federal statute, which protects a medical records. Not everybody can look at our medical history. The guardianship statute provides for an exception to HIPPA. So when somebody has filed a petition for guardianship, the HIPPA statute or the exception to it is going to allow that person, in theory, if it’s granted, […]

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How long does an emergency temporary guardianship (ETG) appointment last?

Typically, the ETG or the Emergency Temporary Guardianship is going to be granted for a period of 90 days. That period of 90 days can then be granted for an additional 90 days. It tracks the Marchman Act statute, which is our involuntary commitment statute for addiction and mental illness. The two can run together. […]

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How can an emergency temporary guardianship (ETG) appointment be used to help?

When somebody is suffering from the diseases of addiction and mental illness, one of the things they’re not capable of doing is making rational diseases for themselves. So the emergency temporary guardianship can be used by a parent, for instance, to get control of what is an out-of-control decision, and start making decisions for that […]

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How can I get emergency access to the medical records of a loved one?

There are three ways to get access to the medical records. Number one is I consent. I give you permission to look at my medical records. Number two is some type of directive. In other words, healthcare directive where I put in writing that in the event that I cannot grant you consent, perhaps I’m […]

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How can a permanent guardianship be used to help a young adult with substance abuse?

The permanent guardianship can be used by mom or dad or whoever the petitioner is to get control of the other person, the respondent’s medical decisions, financial decisions and access to the medical records. What really is the determining factor is whether or not the addiction issue, the mental illness issue is an ongoing problem. […]

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How can a guardianship help parents take control of the life of their child?

When a child or a young adult is dealing with the diseases of addiction and mental illness, typically they are not making rational decisions that are in their best interest, and it’s not because they’re bad. These diseases take over their mind, and so they’re not capable of making decisions for themselves, they’re not capable […]

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Do I need a lawyer to file an ETG petition?

In order to file an ETG petition, a petition for emergency temporary guardianship, yes, you will need a lawyer. Unlike the Marchman Act, which is Florida’s involuntary commitment statute, which you can file on your own, probably not advisable to do that, you probably should get a lawyer who knows the Marchman to file it […]

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Do I have to be certified to be a guardian?

There were requirements to being a guardian. One is you have to be over 18 years of age. Number two, you cannot be a convicted felon. And number three is you have to take the eight-hour guardianship course, which can be done online. So there’s a rebuttable presumption that if you’re over 18, you’re not […]

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Can an emergency temporary guardianship (ETG) appointment be renewed after the initial period?

Yes. The initial period is going to be 90 days. If the petitioner can demonstrate to the court that there is a reason to extend it, then the court can grant another 90 days of guardianship. So, in total you have a period of 180 days where the petitioner has the ability to make medical […]

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Can a respondent oppose an emergency temporary guardianship (ETG) appointment?

Yes. They have a right to have a hearing. They have a right to have counsel present or have counsel appointed for them if they cannot afford a lawyer. And they have a right to challenge the allegations that are made in the petition. They have a right to make the petition, to come in, […]

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Can a lawyer assist me in seeking help for a child with substance abuse problems?

A lawyer can assist you and a lawyer should assist you. In other words, you shouldn’t try and do this on your own. You should hire a lawyer who is competent and understands the dynamics of addiction and mental illness and also understands how to use the legal system so you as a parent or […]

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Are there professional guardians?

Yes, you can hire somebody to be a guardian, and that might happen where either there’s no one to serve as the guardian for the respondent, the ward, or it might be where a family decides to petition the court to get guardianship, but they can’t decide who’s going to be the guardian, so at […]

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How Substance Abuse Interventions Work Under the Marchman Act?

Families affected by the disease of addiction face an uphill battle to convince the addict that treatment is necessary. Interventions can, and may work, but sometimes a family must take the proverbial bull by the horns and compel their loved one into treatment by taking advantage of the Marchman Act process. You may, however, have […]

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Will the respondent know a Marchman Act petition has been filed?

Typically, initially, the respondent is not going to know, because it’s a confidential filing. However, the respondent is entitled to receive notice of the hearing. After the petition is filed, it’s been reviewed, and a hearing has been set, the respondent has to receive notice. Typically it’s done by either a process server, if you’re […]

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Who is responsible for the cost of care when someone is confined under the Marchman Act?

Typically, under the Marchman Act, the respondent is going to be responsible for the cost of care. If the respondent is somebody who is indigent, in other words, they’re not an affluent wealthy person who doesn’t have private health insurance, then in all likelihood, if the assessment recommends treatment, they’re going to be sent to […]

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Who can file petitions for an adult under the Marchman Act?

The Marchman Act statute provides for several different types of individuals to be able to file a petition. It could be three friends. It could be family. It could be a spouse. It could be a legal guardian. It could even be a licensed practitioner. Any of those individuals can file a petition with the […]

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Who can file for a child under age 18 years of age under the Marchman Act?

When dealing with somebody who’s under the age of 18 years of age, the Marchman Act statute provides that a parent or a legal guardian or a licensed practitioner can petition the court and ask the court to intervene and order that the minor be assessed, be stabilized and ultimately be treated under the Marchman […]

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Where do I file Marchman Act petitions?

If you’re going to petition the court under the Marchman Act statute without use of an attorney, you would have to go down to the clerk of court’s office, fill out the petition, have it notarized, swear that it’s the truth, and then wait to see if the court is going to grant you a […]

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What is the maximum time that can be ordered for treatment under the Marchman Act?

Under the Marchman Act, the court can order somebody, the respondent, into treatment for up to 90 days. However, if it’s determined that that 90-day period is insufficient to address the substance abuse issue, additional 90-day increments of treatment can be ordered by the court.

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What is the Marchman Act?

The Marchman Act is a process, a legal procedure that allows friends and family to petition the court on behalf of somebody who has a substance abuse issue that they’re not able to control, and that is affecting their life. They can ask the court to intervene and order that person to become assessed and […]

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What is an ex-parte petition?

An ex-parte petition is where only one side initially is being heard. The petitioner files their petition. The court reviews it for legal sufficiency without yet hearing from the respondent. Once the court makes the determination that the ex-parte petition is legally sufficient, then and only then is the respondent notified that there’s going to […]

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What if I cannot afford the cost of treatment?

Well first of all, under the Marchman Act Statute, there is no fee to file a Marchman Act petition. However, if the respondent cannot afford treatment, or typically, if the person is indigent, and the court makes a determination, then they’re going to be court-ordered to a county facility, where there will not be a […]

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What if a hearing is set after filing a Marchman Act petition?

Once a  Marchman petition has been reviewed and a hearing has been set, then the court is going to set a hearing within 10 days. At that time the respondent has to be notified. They have to be provided with a copy of the notice of the hearing so they know when and where the […]

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What happens if the respondent under the Marchman Act is not compliant with the treatment order?

The Marchman Act procedure, the statute under which it’s governed, is civil in nature, as opposed to criminal. When you’re in criminal court, what’s at stake is potentially someone’s liberty. However, that being said, in order to give the court in a civil Marchman Act procedure some leverage over the person, in other words, to […]

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What can I expect after I file a Marchman Act petition?

After a Marchman Act petition is filed, the clerk or court then has 10 days to set the petition for a hearing before a judge or a magistrate. If that happens, it’ll then be the responsibility of the local sheriff or law enforcement officer or, if you hire a lawyer, their process server to notify […]

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What are the criteria to prove a Marchman Act case?

Typically, under the Marchman Act statute, you’re dealing with somebody who has lost the ability of self-control or they’ve lost self-control because of their substance abuse issues and they’re a threat to themselves. Physically, they may be a threat to somebody else. They’re not capable of making intelligent, knowing decisions, and they’re refusing to go […]

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If I Marchman Act someone, is the treatment provider obligated to share information with me?

Under the Marchman Act procedure, the whole process is confidential. The actual filing of the petition is confidential. It’s not something that you could look up on the Clerk of Courts screen. With regards to the provider, because of HIPPA, those records, those medical records, are confidential unless the respondent, the person who is getting […]

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If a person is under the Marchman Act, do they have to stay in a locked down program?

Typically, the court does not order somebody into a lockdown facility. The Marchman Act is a civil procedure, not a criminal procedure, where you could be incarcerated. However, that being said, if the court orders somebody into involuntary treatment to be assessed, to be stabilized, to be detoxed, and if the person then leaves the […]

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How long does it take to get a Marchman Act hearing?

Under the Marchman Act statute, a hearing is going to be granted within ten days of the filing of the legally sufficient petition. However, that being said, typically, the courts know that these are done on an emergency basis and that the person, the respondent, is in crisis, and so typically those hearings will take […]

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How long can someone be held for the initial assessment under the Marchman Act?

Under the Marchman Act, somebody can be held for assessment for up to five days. However, if that’s not enough time for the treatment provider to conduct the assessment, they can ask the court for an additional seven days so they can complete the assessment and then report to the court what their findings are.

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How is the Marchman Act different than the Baker Act?

The Marchman Act is typically a process or procedure that’s used to assist somebody who has a substance abuse issue, whereas the Baker Act is typically a process or procedure that’s used to assist somebody who has a mental health issue. Where things get a little bit complicated is that typically somebody who has a […]

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How is a Marchman Act petition filed?

There are two basic ways that a Marchman Act petition can be filed. If the parent or the guardian or the spouse is filing a petition without using an attorney, they would go down to the clerk of courts office and they would fill out the petition, and then it would get reviewed. If they’re […]

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How does the Marchman Act work?

The Marchman Act works by allowing a spouse, a guardian, a practitioner or a parent the ability to go into court and tell a judge my child, my spouse, my friend has a substance abuse problem, which they are refusing to take care of. They are a threat to themselves, they may be a threat […]

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For what reasons can a Marchman Act petition be denied?

Under the Marchman Act statute, there are several steps in the process to getting somebody court-ordered into involuntary treatment. Initially, the court is going to review the petition to determine if it’s legally sufficient. It could be denied at that step of the process, or if the court determines that it’s legally sufficient, and the […]

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Does the respondent need an attorney in a Marchman Act case?

The respondent is a little bit like the petitioner when it comes to the right to counsel. You don’t need a lawyer to file the petition, although obviously, it’s an excellent idea to have a lawyer. The respondent doesn’t need a lawyer. However, under the Marchman Act Statute, they have a right to have counsel […]

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Do I need an attorney to file a Marchman Act petition?

In theory, you could file a Marchman Act Petition without a lawyer, but trying to file a Marchman Act Petition without a lawyer is akin to trying to self-diagnose a medical problem. You could do it, but it’s not a very clever idea to do that, if you want to file it right. If you […]

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Can a treatment order be extended under the Marchman Act?

A treatment order can be extended. Typically, the order is for 60 days. However, if the 60-day period is insufficient to address the respondent’s substance abuse issue, that period can be extended for 90-day increments. Typically, if you’re using an attorney, that attorney will use a court certified interventionist who can report to the court […]

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Are Marchman Act records confidential?

Marchman Act records, and in fact, even the petition itself, is confidential, so somebody can’t go onto the Clerk of Courts website, and look up and see if a petition has been filed. The records that are kept by the substance abuse treatment provider are privileged under HIPAA. Unless the respondent wants to disclose that […]

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