The National Institute on Drug Abuse revealed that almost 23 million Americans needed substance abuse services in 2013. Only 2.5 million received professional assistance and treatment. Also, between 1999 and 2015, deaths related to drug overdose have tripled, according to the Center for Disease Control (CDC) statistics. This situation created a need for legal avenues like the Marchman Act to assist addicts.
The Marchman Act, a brainchild of Hal S. Marchman, is a statute offering emergency intervention for individuals overusing drugs or alcohol. This act is supposed to address serious issues where an addict cannot seek or refuse assistance because that is likely to put his life or others at risk. Via this act, family members or close friends of the addict can petition for a court order for evaluation and treatment. This statute will override the addict’s rights legally.
The Beneficiaries of the Marchman Act
Family members suffer the most whenever their loved one rejects help or doesn’t seek it. They cannot stand watching their destruction helplessly without trying to assist. The Marchman Act offers such families reprieve by providing a legal means of seeking help for their loved ones either willingly or forcefully. The criteria for suitable referrals include a person that:
· Cannot stop or control their alcohol/drug use
· Has attempted to harm himself or others
· Cannot make rational decisions concerning their treatment or wellbeing
Don’t assume the judge will automatically grant the petition due to an individual refusing help or treatment. Their refusal doesn’t constitute their inability to make coherent decisions concerning treatment.
What can make the judge reject your petition?
The judge can deny your petition despite your loved one’s worst condition. Remember, the judge can only rule in your favor if you prove your case beyond a reasonable doubt. Never assume the judge will act out of mercy to grant the petition. So, failure to adequately explain your loved one’s issues to the judge’s satisfaction will result in the rejection of your petition.
A successful petition will touch on every factor that proves the addict is endangering his life and the lives of others by their addiction. The patient’s utter rejection will also make your case more convincing. The judge will see the need for the family’s intervention to save their loved one’s life. The judge won't grant your petition until that is proven effectively with evidence.
What is likely to occur if the patient abandons treatment before discharge?
The patient isn’t put in a locked facility, although the treatment is involuntary. They can leave therapy before being discharged by doctors. However, abandoning treatment is contempt of a court order that can result in a jail sentence. If your loved one is irrational due to using illicit substances, they can end up in jail.
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