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Should I file a Marchman Act or guardianship if I don’t want my loved one potentially going to jail?

Hello, everyone! Welcome to another edition of our video newsletter.

In this video, I want to talk to you about the concept of jail and the Marchman Act. I previously said in another video that I can’t put anybody in jail as part of the marchman act, but I can put them in jail or ask a judge to put them in jail if they violate a court order. The Marchman Act has a court order, and one of the sanctions is contempt which can be punishable by jail.

Some families mentioned during the initial conversation that they don’t want their loved ones going to jail. I tell those families, then you probably shouldn’t do this. The whole point of the Marchman Act and even the Guardianship process is to make sure, number one, you have a safety net, that means, if the person doesn’t do what they need to do in terms of treatment, you have some ability to seek relief to enforce the court order. Otherwise, the whole process is toothless; it doesn’t have any merit, and it’s not strong. We need to make sure the person goes to treatment first. Secondly, they need to stay in treatment long enough to experience long-term recovery. If they don’t stay long enough, at some point, they’re going to be doing this again. So, if your family is adamant, I would not have you seek enforcement. I would say to you this probably isn’t a process for you.

With that said, thanks once again. Take care and be safe.

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