Marchman Act Lawyer Florida | 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 the treatment paid for privately or you can pay for it through a personal health insurance plan. Needless to say, private treatment offers more perks than the other option. However, if neither you nor the Respondent has the ability to pay for private treatment, payments may be supported by indigent programs that are funded by the state or county. The downside to the government-funded treatment is that the Marchman Act process could suffer delay since a shortage of available beds are highly likely. In other words, your loved one may be placed in a waiting list for residential treatment or a bed for detox
How Your Marchman Act Lawyer Can Help You
While waiting for an available bed, your Marchman Act lawyer Florida will enforce compliance by your loved one of the government program’s rules that include sobriety. Any delay in the provision of immediate treatment has a significant impact on your loved one’s chance for immediate success
To avoid these potential delays, your Marchman Act lawyer Florida will come up with an alternative treatment option. He’ll work with a large network of private treatment facilities that can offer discounted rates and affordable payment plans for your loved one’s accommodation. Your loved one will be assessed and evaluated to determine the modality of treatment that’s appropriate for him or her. After considering your clinical and financial situation, he makes recommendations for treatment and presents them to you, your loved one, and the court.
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If you’re looking for a Marchman Act lawyer Florida who can make sure that your loved ones get the help they need, contact Drug and Alcohol Attorneys today to schedule a consultation
Marchman Act Lawyer Florida | 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 that you read up about the Marchman Act and the Baker Act. It would even be better if you’ll get a chance to talk to a Marchman Act lawyer Florida about your situation
The Difference Between the Marchman Act and the Baker Act
Also known as the Florida Mental Health Act, it was ratified in 1971. It is used to enable families to seek evaluation, temporary detention, and involuntary mental health services on behalf of a mentally impaired individual. It is only used for those who are not capable of recognizing the need for immediate mental healthcare. Also, it can be used is to care for people who refuse to get treatment and inflict harm to others
The state requires up to 72 hours for the issuance of Involuntary Examination court orders. Furthermore, a public defender is appointed to represent the concerned individual. This happens during the hearing of Involuntary Placement petitions that are heard within 5 days. If the court decides that the person meets statutory criteria, involuntary treatment for up to 6 months may be ordered. If there’s a reason to believe that the person’s behavior meets statutory guidelines for involuntary examination under the Baker Act, Law Enforcement is authorized to transport the person to an evaluation facility.
This is sometimes referred to as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. It provides an individual’s loved one to seek emergency assistance and temporary detention on his or her behalf. This happens only when there’s a reason to believe that the individual is struggling with drug and alcohol abuse and appears to pose danger to himself or herself and to others. Marchman Act Involuntary Treatment petitions are heard in court within 5 days. A public defender is also appointed to represent the person. Once the court decides that the individual meets the statutory criteria, an involuntary treatment may be ordered for up to 60 days
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Schedule an appointment with a Marchman Act lawyer Florida today. Here at Drug and Alcohol Attorneys, we are here to assist you in learning more about the Marchman Act. Contact us today for more information
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 about this law, here’s what you need to know
What Exactly is the Marchman Act?
The Marchman Act is a Florida State Law that is sometimes referred to as the “Hal S. Marchman Alcohol and Other Drug Services Act of 1993”. It seeks to provide ways and means of both involuntary and voluntary assessment, stabilization, and treatment of someone who has a problem with alcohol or drugs. This means that friends or family members are allowed to petition the court to commit a person to mandatory treatment for drug or alcohol addiction or other mental illness issues
Why Was This Law Passed?
Everybody knows that you can’t force an individual who is legally an adult (18 years old and above), to get medical treatment for anything. However, when a particular adult suffers addiction to drugs and/or alcohol or mental illness, he becomes incapable of seeking help for himself. This causes them to become a threat to themselves and to the people around them. For this reason, the Marchman Act was passed so that even those who are over the age of 18 can be forced to get treatment if their state of mind is impaired by their addiction or their mental health issue
How Does it Work?
To ensure that no person will be thrown into a facility against their will when it’s not necessary, several steps have to be taken. The petition must be filed by the person’s spouse or a relative. If the person isn’t married or has no relatives, a group of three people must file the petition. A court-approved package must be filled out to describe the person’s drug or alcohol addiction and their destructive behavior that’s a danger to himself and others.
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Lawyer Boca Raton FL | 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 State of Emergency, reportedly giving the State access to $27 million in Federal funds. Some have argued that we should use the money to make more “county” beds available to treat addicts, perhaps we should consider re-opening facilities such as the Palm Beach County Sheriff’s Drug Farm. While county facilities should be granted access to the funds, I submit that the private sector, despite arrests for insurance fraud and patient brokering, is the solution, there are beds available immediately, and the will and knowledge to treat patients.
When it comes to the private sector successfully working in partnership with Government to solve a community issue, look no further than the pre-school industry. For close to twenty (20) years my parents successfully owned and operated a chain of pre-schools, all regulated and licensed by the Department of Children and Family Services (DCF), which also regulates and licenses drug treatment facilities in Florida. My parents were responsible for educating thousands of children in Palm Beach County, but after the crash of 2008, they almost lost everything, many families finding themselves unable to afford pre-school. The business was saved when the State and County stepped in and subsidized tuition so children could go to school, their families paying the remaining balance based on income. While tuition payments were always one (1) month in arrears, they were always paid
It takes seven (7) to ten (10) days to detox an individual who is addicted to drugs and alcohol before treatment can begin. Even when insurance coverage is available to pay for treatment, many treatment centers complain that insurance will only pay for thirty (30) days of treatment, hardly enough to cure someone who’s been addicted to drugs and alcohol for many years, and who may also have a co-occurring mental health disorder. What happens when there is no insurance coverage or cash pay available?
Treatment must be available to everyone, regardless of insurance and financial status, this is my plan to accomplish this goal: First, the emergency funds need to be made available to private “for profit” treatment centers. A list needs to be compiled of all treatment centers which would be good candidates to accept government subsidized patients. Centers with significant disciplinary issues, or where there has been insurance fraud, may not be good candidates.
Second, of the eligible centers, a list needs to be compiled of those that will accept patients at a reduced payment rate, knowing that payment is guaranteed (which is better than having to fight with an insurance company and still having to take less money), should be an incentive
Third, where there is insurance coverage, we need to know how much the carrier is willing to pay to make up the difference between the subsidy and what the treatment center will accept as payment. Where there is no insurance coverage or cash pay funds available, treatment centers can choose to accept the subsidy as the sole source of payment or not take the patient.
Fourth, before an addict dies or ends up in the criminal justice system, we need to educate the public about the Marchman Act and why individuals need to be “leveraged” into treatment. When appropriate, tax Dollars already compensate the Office of Regional Counsel to represent Respondents in Marchman Act proceedings. Petitioners need the same access to legal representation and where they qualify, access to free legal counsel that is compensated for their time from the emergency funds.
Fifth, Marchman Act hearings need to be conducted on a more frequent basis, once a week, as is the norm in many counties, is insufficient. There are many lawyers ready, willing and able to serve as Magistrates and/or retired Judges who could review and hear Marchman Act petitions. Let’s use the emergency funds to compensate these professionals.
Finally, we need to make sure that treatment Dollars go further, buying more time in treatment. You can’t train for a marathon in thirty (30) days, likewise, you can’t cure addiction in thirty (30) days either. Our clients tell us that anything less than sixty (60) days is a waste, ninety (90) is preferable, one hundred and eight (180) is great, after which time they can step down the rate and intensity of treatment.
This is just one of many ways that the opioid crisis must be addressed. However, we must remember that this battle is more akin to a marathon than a sprint, it will take time and a massive community effort.
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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, the Marchman Act is something that is enacted only in Florida. The act was passed in 1993 and has proven to be an incredibly effective tool for saving a loved one from their own dangerous habits when they cannot help themselves
What Does the Marchman Act Do?
The Marchman Act can be filed by someone close to the person in question. This can be a parent, spouse, sibling, or close friend. This is only for extreme cases when you can prove that the person in question is not only a danger to themselves and others but also unwilling to seek the help they need. The courts can order an assessment done of the person for up to five days. This can lead to a maximum of 90 days of involuntary commitment at a certified treatment facility. All treatment remains confidential and if the person attempts to leave the facility before treatment is complete, they can be held in contempt
Is It Effective?
Yes, the Marchman Act is an incredibly effective way to truly save someone’s life. What you need to keep in mind is that this is strictly for extreme cases only. Instances that involve minors, people struggling with severe mental illness, and cases where someone is an immediate danger to themselves and others are eligible for action under the Marchman Act. What makes the Marchman Act so effective is that it breaks the addict’s daily cycle and gets them out of a certain environment that can be the difference between sobriety or continued intoxication.
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. Drug & Alcohol Attorneys is here to help you and your family today.
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 to help you file the proper petitions.
What Does the Marchman Act Do?
The Marchman Act was passed in 1993 and is a crucial tool used to help those struggling with substance abuse that has proven that they cannot get help themselves. The process involves a parent, spouse, or close friend petitioning the courts to intervene in extreme cases where the person is a danger to both themselves and the general public. The courts can order an assessment of the person in question for up to five days. This can lead to a maximum of 90 days of involuntary commitment at a certified treatment facility. All treatments remain confidential and if the person leaves the facility before treatment is complete, they can be held in contempt
Does the Marchman Act Really Work?
Yes, the Marchman Act does work. What needs to be kept in mind when talking about the Marchman Act is that it is for the most extreme cases only. Cases involving minors, people also struggling with severe mental illness, and cases where the individual is an immediate threat to themselves or the general public are Marchman Act cases. While people can relapse, detox and rehabilitation centers have proven to help. Sometimes breaking an addict’s daily cycle or getting them out of a certain environment can be the difference between sobriety or continued intoxication. When it comes down to it, the Marchman Act saves lives
Looking for a Florida Marchman Act Attorney?
Have you or someone you know been looking for help with someone struggling with substance abuse? A Florida Marchman Act attorney at Drug and Alcohol Attorneys are here to help you. Contact us today
for more information about how to get your loved one the help they need.
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 to the Marchman Act in Florida, there are many questions people have about the process. Let’s take a look at some of those frequently asked questions.
What is the Marchman Act?
The Marchman Act is an involuntary commitment statute in the state of Florida. Essentially what it does is it allows a family member to force someone to go into treatment who won’t go voluntarily.
Who Can Invoke the Marchman Act?
, blood relative, or any three people who have direct knowledge of a person’s substance abuse can invoke the Marchman Act.
How Can the Marchman Act Be Invoked?
In order to Marchman Act someone, you have to be able to prove that the person in question is doing harm to themselves and won’t do anything about it on their own. In many cases, once you file the paperwork
, the person in question will voluntarily go into treatment on their own.
Want to Learn More About the Marchman Act in Florida?
If you know someone that could benefit from the Marchman Act it’s important to follow the proper protocol. At Drug and Alcohol Attorneys, we specialize in the Marchman Act and can work with you through the entire process. Contact us
today to learn more.
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 questions about the Marchman Act and how it can help you to get your loved one into treatment and long term recovery.
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 using a private lawyer, or if you’re doing it yourself, then the court is going to send out the local sheriff or law enforcement officer to serve that person with a copy of the notice of hearing and the summons, the court order mandating them to come before the court and answer to the petition.
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 a county provider for substance abuse treatment.
If, however, they have private insurance or they are independently wealthy, then they can go to a private facility which may provide them with a better level of care. Again, if you’re using an attorney to file the petition, that attorney’s typically, hopefully, going to use a court-certified interventionist who can make the best recommendation, so the respondent gets the best level of treatment regardless of whether or not they have insurance or are able to pay out of pocket for treatment.