Can The Marchman Act Help a Loved One Struggling with Addiction?

Formally known as the Hal S. Marchman Alcohol and Other Drug Service Act, the Marchman Act is a law that provides a legal mechanism for the involuntary treatment of individuals struggling with addiction.

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If you’ve been supporting a loved one struggling with substance use without success, you may feel that you have nowhere left to turn. Addiction is a chronic illness that requires a multi-faceted approach to treat effectively. The Marchman Act can help you facilitate your loved one’s entry into a comprehensive treatment program that will give them the best possible chance of experiencing the miracle of recovery and developing healthy coping mechanisms. Though you may be feeling overwhelmed and emotionally exhausted, don’t give up hope: the Marchman Act has helped thousands of families heal from addiction, and it can do the same for yours.

What Is The Marchman Act?

Formally known as the Hal S. Marchman Alcohol and Other Drug Service Act, the Marchman Act is a law that provides a legal mechanism for the involuntary treatment of individuals struggling with addiction. It was passed in recognition of the fact that addiction is a form of mental illness rather than a moral failing, and that those who suffer from it require medical and psychological treatment to recover from and manage their condition. Because those in the grips of a substance abuse disorder are often unable to recognize they require treatment, or refuse treatment, the Marchman Act makes it possible for concerned family members to file a petition with the court, requesting that their loved one be taken placed in a treatment program.

How Can I Get An Order For Involuntary Treatment Services?

To obtain an involuntary treatment services order in respect of your loved one, you’ll need to prove certain facts to the court. A court can only grant an order for involuntary treatment services if there is reason to believe, based on evidence presented to it, that your loved one is experiencing mental and emotional impairment as a result of their addiction, and as a result:

1. They have lost the power of self-control with regard to their substance use
2. They are incapable of recognizing that they require treatment for a substance abuse disorder and cannot make a rational decision about whether to enter treatment
3. They are at real risk of causing harm to themselves or others, or have attempted to cause harm to themselves or others

To prove to the court that these requirements have been met, you will need to include evidence in your Marchman Act petition that demonstrates the severity of your loved one’s substance abuse disorder. You will need to provide a sworn statement to the court that cites, for example, physical signs of your loved one’s substance abuse, unusual behavior, neglect of personal hygiene, failure to meet work and financial obligations, threats of violence, and so on. You can also include relevant medical records and call other witnesses to support your testimony. If the court is satisfied that the requirements have been met, it may grant the order, and your loved one will be ordered to an appropriate treatment facility. To give your case the best possible chances of success, it is strongly recommended that you hire a reputable Marchman Act attorney to help you prepare your petition and gather a compelling body of evidence.

How Does A Marchman Act Intervention Help To Treat Addiction?

You may feel hesitant to seek legal help for your loved one’s addiction. While it may be distressing to place your loved one in a treatment facility against their will, this intervention could ultimately save their life. Decades of research have shown that the multi-faceted treatment approach offered by rehabilitation facilities is the most effective way to tackle and manage addiction. Let’s take a closer look at the different elements this treatment involves.

Medical treatment

In the case of addiction to certain substances, such as alcohol, heroin, fentanyl, or benzodiazepine, dangerous withdrawal symptoms, such as tremors, seizures, vomiting, agitation, and thermoregulation, can occur. If your loved one is addicted to one of these substances, they will need to undergo a medical detox, which rids the body of the addictive substance. Their withdrawal symptoms will then be carefully managed by medical professionals who will administer medication to limit the severity of these symptoms. For example, during alcoholism treatment, anti-convulsant drugs are often administered to the patient to prevent them from having seizures. Treatment facilities usually administer detox treatments to patients on the day of their admission, and the detoxification process should be complete within a few days.

Residential treatment

Residential treatment, also called ‘sober living’, is a vital component of addiction treatment. When your loved one is taken to a treatment facility pursuant to a Marchman Act order, they are given a safe, supportive residential environment in which to recuperate while they recover from their addiction. Many rehabilitation centers offer exercise classes, support groups, dietary advice, life skills development, art therapy, and mentoring to help those on their treatment programs build healthy coping habits and regain control over their lives.

Of course, another major advantage of residential treatment is that your loved one will not be able to access the substance they were addicted to, and the change of environment will help to break lifestyle patterns that were playing a part in their substance abuse.

Psychological treatment

Therapy is a major element of any successful addiction treatment program, especially as many people who struggle with addiction also suffer from mental illness. Most rehabilitation facilities offer more than one type of therapy to their patients, including cognitive behavioral therapy, psychotherapy, psychoanalysis, and group therapy. Attending these consultations will allow your loved one to identify and work through the psychological triggers linked to their addiction and help them to change the thought and behavior patterns that contributed to their substance abuse. This psychological care plays a vital role in relapse prevention.