Our last blog covered how to obtain law enforcement help under the Marchman Act for a family member suffering through substance abuse. This week, we’ll explain how you can also petition the courts for assistance under the Marchman Act. We’ll use the example of Sally, a concerned loved one, and Harry, a person suffering from alcohol abuse, to illustrate this situation.
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Many of us have a family member who has a substance addiction. If your loved one will not seek treatment on their own, but you have serious concerns about their health and well-being, you could consider taking action under the Marchman Act. The act, Fla. Stat. Chapter 397, provides a statutory means of compelling an addicted person first to be evaluated for substance abuse treatment and then to potentially receive short-term substance abuse treatment. It is important to note that the Marchman Act governs only persons who are suffering from substance addiction. Other Florida laws, including the Baker Act, cover individuals who may need involuntary evaluation and treatment for mental health reasons other than substance abuse.
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Effective October 1, 2015, Chapter 765 of the Florida Statutes entitled “Health Care Advance Directives” has been amended in two profound ways.
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One of the advantages of a comprehensive estate plan is that it can allow you to keep your affairs private and within your control, even after disability or death. Clients often come to us for living trusts due to their desire to keep their loved ones out of court during these already-stressful times. Fortunately, a Florida court recently confirmed that this goal may be achieved by using one of our favorite planning tools: trust protectors.
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