The Petition Packet, Explained

Marchman Act Forms and Petition Packet

The form that starts everything is the Petition for Involuntary Assessment and Stabilization, filed under Florida Statute Chapter 397. You can get the official packet for free from your county Clerk of Court, and it needs to be signed in front of a notary. We help families fill it out correctly so the court accepts it the first time.

Free Official Packet
Step by Step Help
Filed Right the First Time

Petition packet at a glance

Main FormPetition for Involuntary Assessment
Where to Get ItYour County Clerk of Court
NotarizedSigned before a notary
Cost to FileFree to about $50

What Is in the Marchman Act Petition Packet

The paperwork can feel intimidating when you are already worried about someone you love, but the Marchman Act packet is shorter and more straightforward than most families expect. At its heart is one sworn petition where you tell the judge, in your own words, why your loved one needs help and cannot ask for it themselves.

Every Florida county uses its own version of the packet, but the core documents are the same statewide because they all follow Chapter 397. Here is what you will be working with.

Documents in the petition packet

Petition for Involuntary Assessment and Stabilization

This is the form that opens the case. You describe the person's substance use, the specific things you have seen, and why they have lost the ability to make rational decisions about getting help. You sign it under oath in front of a notary.

Petition for Involuntary Treatment

If the assessment shows your loved one needs ongoing care and they still will not accept it, this second petition asks the court to order a treatment program. It is usually filed after the assessment is complete.

Affidavit of Indigency

If paying the filing fee would be a hardship, you can submit this form and ask the clerk to waive the fee so money never stands between your family and getting help.

Where to get the forms

You have two easy ways to get the official packet, and both are free. You can visit the Probate Division or Mental Health Division of the Clerk of the Circuit Court in the county where your loved one lives, and the staff will hand you the current packet. Many county clerks also post the packet as a downloadable PDF on their website. Because the forms and the local details change from county to county, we keep a guide for each of Florida's 67 counties that points you to the right office. Start with your county Marchman Act guide.

How to file once the packet is complete

  1. Fill out the petition completely, with the person's full name, a physical description, where they can be found, and clear examples of their substance use and loss of self control.
  2. Sign the sworn portions in front of a notary. Many clerk offices have a notary available.
  3. File the packet in person at the clerk's office or through the Florida Courts E-Filing Portal, and pay the filing fee or submit your Affidavit of Indigency.
  4. Where your county requires it, confirm an available bed at a licensed receiving facility so the court knows where your loved one can go.

Tips that keep your petition from getting delayed

The most common reason a petition stalls is a form that is vague or missing details. Judges rely on your sworn statement, so be specific. Write down dates, what you saw, and why you believe your loved one is in danger or cannot care for themselves. If you are not sure how to word something or which county details apply to you, call us and we will walk through the packet with you line by line.

Find the Right Packet for Your County

The official forms and the courthouse you file at depend on where your loved one lives. Our county guides give you the local Clerk of Court details, the filing fee, and how to file, so you are never guessing.

Common Questions

Marchman Act Forms FAQs

What is the main Marchman Act form called?

The form that starts a case is the Petition for Involuntary Assessment and Stabilization, filed under Florida Statute Chapter 397. If ongoing care is needed, a second Petition for Involuntary Treatment can follow after the assessment.

Where do I get the Marchman Act petition packet?

You can get the official packet for free from the Probate or Mental Health Division of the Clerk of Court in the county where your loved one lives. Many county clerks also offer it as a downloadable PDF on their website. Our county guides link you to the right office.

Does the petition have to be notarized?

Yes. The sworn portions of the petition must be signed in front of a notary because you are swearing the facts are true. Many clerk offices have a notary available when you file.

Can I file the forms online?

In most counties, yes. You can file in person at the clerk's office or through the Florida Courts E-Filing Portal. The exact options vary by county, which is why we keep local details in each county guide.

Do I need a lawyer to complete the forms?

No. Many families complete and file the petition on their own, and we are here to help you word it correctly. Some families choose an attorney for contested or complicated cases, but it is not required to get started.

We Will Walk Through the Packet With You

You do not have to figure the paperwork out alone. Call us and we will help you gather the right details, word the petition clearly, and file it in your county so nothing slows down getting your loved one the help they need.

Free, Confidential Consultations
Help Wording Your Petition
County by County Guidance

Speak with a compassionate specialist who understands what you are going through.