Charlie Sheen in Rehab - Miami, Are You Aware of the Marchman Act?

They've just dropped a defendant in the Michael Jackson wrongful death case, where a pop icon died much too early from a drug overdose.

Demi Lovato (of Disney's Sonny With a Chance) has just been released from a treatment facility. and Charlie Sheen is doing a three-month rehab stint in his own home under the supervision of a health professional.

Last Fall, we pondered Lindsay Lohan facing legal guardianship proceedings in the face of her drug and alcohol abuse. Currently, she is out of a rehab facility and reporting to the media that she's made severe and necessary lifestyle changes.

With this continuing media coverage, the question for Miami becomes - what do you do if a loved one is acting self-destructively? Does Florida law help here?

Since 1993, there has been a law on the books here in Florida that helps families deal with loved ones who are out-of-control and in danger due to chemical abuse (drugs and alcohol). The Marchman Act allows for a civil action (not a criminal one), where an individual is committed involuntarily (in other words, against his or her wishes if need be), in order to get them the help they need.

Florida's Marchman Act

Under the Florida Substance Abuse Impairment Act ("Marchman Act"), the individual can be committed to a rehab facility not only to assess their status and undergo detox, but also to stabilize them and undergo long term treatment. To read the full text of the statute, go here for Chapter 397 of the Florida Statutes, Substance Abuse Services.

Who can take action under the Marchman Act?

Evidence will need to be provided to the court that need to revere the person's freedom is outweighed by the need to protect him from himself. This lawsuit can be filed and the evidence given to the judge by:

1. a husband or wife
2. a blood relative
3. 3 people with direct, personal knowledge (friends, colleagues, coworkers, etc.).

Is it used very often? Yes. Families take advantage of this law to get help for loved ones, filing Marchman Act requests in courtrooms all over Florida. If you have a loved one in crisis, then please consider a Marchman Act intervention as a possibility.

By Bryant Esquenazi on February 1, 2011 1:15 PM