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How does the Marchman Act relate to Guardianship?

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Hello, everyone! It’s Mark, and welcome to another edition of our video newsletter. In this video, I want to about the Marchman Act and Guardianship.

A couple of days ago, I had a call from a clinician who wanted to refer a case to us. But apparently, she had been told by another clinician that to file a Marchman Act, Guardianship had to be filed first, so I told her that it doesn’t work that way. The Marchman Act and Guardianship are two separate proceedings that we use to get people into treatment, and one doesn’t prevent the other from being used.

There are times where we will do both together, and I’ve talked about that in other videos where we might file part one of the Marchman Act along with a Guardianship. We may also start a case with Guardianship and realize that we need to move things a little quicker. We may then use part one of the Marchman Act, file a Guardianship, and follow the Marchman Act at the same time. I’m not going into why, but understand that you can file both.

If you follow the Marchman Act, that doesn’t mean that you can’t file a guardianship, and if you file a Guardianship, it doesn’t mean that you can’t file a Marchman Act. They can be done individually or together.

With that said, take care, call us if you need to chat, and be well.

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