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Can You Force Someone To Go To Rehab or Mental Health Treatment? (Florida Law)

Take the first step toward a healthier, happier mind with expert guidance and compassionate care.

Involuntary Treatment as Lifeline

When a loved one is struggling with mental health or substance use and refuses help, families often feel stuck. You’re watching someone you care about spiral—and no matter how many conversations, boundaries, or interventions you try, it doesn’t seem to make a difference.

You’re not alone. And you’re not out of options.

In Florida, there are legal pathways—such as the Marchman Act and the Baker Act—that can allow someone to receive help, even when they aren’t willing to accept it on their own. These laws can feel intimidating or even controversial, but when used with care and proper clinical guidance, they can be powerful tools for saving lives.

As a mental health consultant in Florida, we know all about these pathways. Let’s break down what these laws mean, how they work, and what to consider if you’re wondering whether you can (or should) force someone into treatment.

When Can You Force Someone to Go to Rehab in Florida?

The short answer is: In some cases, yes (but only under specific legal criteria). Florida has two primary laws that allow for involuntary treatment under limited circumstances:

  • The Marchman Act – for individuals with substance use disorders
  • The Baker Act – for individuals experiencing a mental health crisis

Each law serves a different purpose and has a different legal process, but both exist to protect individuals who are at serious risk and unable to recognize the need for care on their own.


What Is the Marchman Act?

The Marchman Act is a Florida law that allows families, loved ones, or medical professionals to petition the court for involuntary assessment and treatment for someone who is struggling with severe substance abuse.

When Can It Be Used?

To use the Marchman Act, you must demonstrate:

  • The individual is impaired by drugs or alcohol
  • They are unable to make rational decisions regarding their care
  • They may be a danger to themselves or others, or are incapable of self-care

Who Can File?

  • A spouse, parent, or close relative
  • Three concerned adults with direct knowledge of the person’s condition
  • Law enforcement or licensed healthcare professionals (in emergency cases)

What Happens Next?

  • A judge can issue an order for the person to undergo an involuntary assessment (usually 3–5 days)
  • If appropriate, a court can then order up to 60 days of involuntary treatment, with the option to extend

The Marchman Act is confidential, civil (not criminal), and often used by families when all other efforts to encourage treatment have failed.


What Is the Baker Act?

The Baker Act is a Florida law that allows for the involuntary psychiatric evaluation of someone experiencing a mental health crisis—especially if they are at risk of harming themselves or others.

When Can It Be Used?

To initiate the Baker Act, there must be evidence that:

  • The person has a mental illness
  • They are a serious danger to themselves or others, or unable to care for themselves
  • They refuse voluntary evaluation or are incapable of consenting

Who Can Initiate It?

  • A law enforcement officer
  • A licensed mental health professional (psychiatrist, psychologist, social worker)
  • A judge (via court petition)

What Happens Next?

  • The person is taken to a designated receiving facility for up to 72 hours of psychiatric evaluation
  • After evaluation, they may be:
    • Released
    • Offered voluntary treatment
    • Petitioned for further involuntary treatment

How Do You Know Which Law to Use?

SituationAppropriate Law
Your loved one is addicted to drugs or alcohol, refuses help, and is spiraling out of controlMarchman Act
Your loved one is experiencing a psychiatric crisis (e.g. suicidal, paranoid, disoriented) and refuses evaluationBaker Act

In some cases, a combination of both may be appropriate depending on the person’s diagnosis and behavior.

Is It the Right Thing to Do?

That’s the question every parent or loved one wrestles with. Using the Marchman or Baker Act is not an easy decision—and it should never be taken lightly.

But here’s the truth: Sometimes, stepping in is the most loving act there is.

Mental illness and addiction can impair a person’s ability to recognize how much danger they’re in. These laws were created to provide a structured, legal way to interrupt the cycle and open a door to treatment—especially when someone cannot open that door for themselves.

That said, how these tools are used matters.

At Full Life, we believe:

  • Involuntary treatment should be a last resort, but it can be a life-saving one
  • These laws should always be used with clinical oversight, family support, and trauma-informed care
  • Recovery is most successful when a forced start turns into voluntary commitment

What Happens After a Marchman or Baker Act?

This is where quality treatment and continuity of care are essential.

At Full Life Comprehensive Care, we specialize in working with families navigating these legal interventions. We offer:

  • Coordination with courts, attorneys, and treatment facilities
  • Clinically led assessment and stabilization
  • Individualized treatment planning that includes the family
  • Trauma-informed, compassionate care that restores dignity

We’re proud to be one of the few expert resources in this space. Full Life co-founder, John Puls, LCSW, MCAP has given various talks and lectures on the topic of Florida involuntary treatment pathways. If you’re family in crisis, never hesitate to reach out to us with any questions you may have.

Final Thoughts on “Forced Treatment”

If you’re asking whether you can force someone into treatment, chances are you’ve already tried everything else. You’re not weak, you’re not overreacting, and you’re not alone. We understand that most families are simply seeking what’s in the best interest of their loved one’s health and safety.

The Marchman Act and Baker Act are not about control. They’re about creating an opportunity for recovery when it feels out of reach. When used correctly, they can be a lifeline for families and a turning point for the person you love.

We’re here to help you make an informed, compassionate decision.

Call us. Let’s talk.

Need Help Navigating Options For a Loved One?

📞 Contact Full Life Comprehensive Care
We’re here to help—compassionately, confidentially, and with real solutions.

If you or a loved one are in immediate danger of harming themselves or others, always call 911.