Living with someone who is struggling with substance abuse can feel overwhelming. You know that your loved one has a real problem. But they may have difficulty recognizing and accepting that a real problem exists. In these circumstances, professional help is a must. But can you enter your loved one into a rehabilitation center?
Living With Someone Unwilling to Get Care
Even if a person is addicted to alcohol and knows they have a problem, they might not want to accept the treatment. Some people stubbornly believe that they can treat themselves or that it is a problem they can handle. However, the statistics clearly show that professional treatment for substance use disorder and other co-occurring mental health issues is the best way to overcome addiction and be successful at lasting sobriety and wellness. If someone you love is dealing with an active addiction, you’ve likely been worried about them for a long time. You have probably talked to friends and family members about what to do. You have attempted to persuade your loved one to get the help they need. Now, you may be considering sending them to rehab on an involuntary basis.
It can be challenging to persuade an addicted individual to get help. Sometimes you may need to send a person to get treatment against their will. This process is a lot simpler if the addicted loved one is a minor or if you are their legal guardian. In most states, parents can make this decision for their children. However, it’s one thing to try to force them to go and another for your loved one to participate in the program to get the best out of the experience. If the addicted person is over 18 years of age, as a legal adult, you can’t force them to go to rehab. The exception is if you have a court order.
Forced Rehab Laws in Different States
In most states, a person must have committed a crime and be convicted of it before being sentenced to a rehab program for addiction. Some states will let concerned family members and friends address the court and appeal for an order to force the addicted loved one into rehab. In many states, there are involuntary commitment rulings. However, these are primarily for individuals who are dangerous to themselves or others due to their mental health state and are not primarily to help individuals who are dealing with addiction. However, involuntary commitment could be possible if a person’s addiction endangers themselves or their mental health.
How Does the Marchman Act and Baker Act Apply?
You have likely heard of the Baker Act. Usually, you see it on television or in the movies in legal settings when discussing rehab. The name of this act can vary from state to state, but it allows a judge to order a person to go to mental treatment if they are a threat to themselves or others. The Marchman Act is a law that has been in effect in Florida since the early 1990s. However, other states are looking to enact similar laws in response to the opioid epidemic.
This allows law enforcement to send people to involuntary rehab if they pose a threat to themselves or the people around them. The length of time a person is ordered into involuntary treatment will vary from state to state and is based on their case. When a person gets sent to jail, they are under lockdown. However, if a person is in court-ordered treatment, they are not under lockdown. This means they can do so if they want to leave rehab before the program is complete. However, they do risk being in contempt of court. The problem with forcing a person into rehab is that you will only get out of rehab what you put into it. While it may be necessary to force a person to get care as a last resort, the hope is that the individual can be motivated to take the steps to get the care they need.
What About Professional Interventionalists?
If involuntary commitment is not possible for your circumstance, an addiction interventionalist can help. The addicted individuals usually respond fast to voluntary treatment. Do you think professional interventionalists could help your loved one? If so, contact us today at 772-266-5320. We look forward to helping you and your loved one get back to living a life that is not affected by addiction.
