Mario, Gunde, Peters, Rhoden & Kelley, llc

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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
    • Bonnie Klein RhodenBonnie Klein Rhoden – Ms. Bonnie Rhoden a member of the Florida Bar, practicing elder law, estate planning, incapacity planning, family law, and landlord/tenant law.
    • Emily A OgdenEmily A. Ogden, Esq. – Ms. Ogden works in all areas of Family Law, including Alimony, Child Custody and Support, Paternity, & Adoption. She also handles financial cases such as Bankruptcy and Mortgage Modifications.
    • Christina Farley Long Esq.Christina Farley Long – Ms. Farley is licensed in numerous Federal Courts in Florida and practices in numerous civil law areas, such as Personal Injury, Bankruptcy, Insurance Defense and Foreclosure.
    • Kelly Damerow, Esq.Kelly Damerow, Esq. – Mrs. Damerow is a professional and passionate advocate. She provides a wide range of family law services including divorce child support, alimony, modification, paternity, and domestic violence injunctions.
    • Michel WatsonMichel Watson, Esq. – Ms. Watson is an experienced and detail-oriented attorney. She primarily practices in the areas of family law, debt collection, real estate, dependency, and injunctions.
    • Nikie PopovichNikie Popovich, Esq – Nikie Popovich, Esquire works primarily in the areas of appellate law serving all of Florida and especially central Florida.
    • George A. BoorasGeorge A. Booras, Esq – Mr. Boras is an experienced attorney handling several types of cases, from Real Estate and Foreclosures, to Family Law, and Civil Litigation.
    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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    Home » Wills & Probate » Health Care Surrogate

    Health Care Surrogate

    According to Florida Statutes any adult that is considered legally competent may choose to appoint a person or persons to make medical care choices and decisions if that adult experiences any period of incapacity.  This person is called a Health Care Surrogate.  Incapacity can be caused by an accident, an illness, or by the natural aging process although incapacity can happen at any age.

    A person appointed as a Health Care Surrogate must make health care decisions based on what you would have wanted.  Here in Florida this is considered substituted decision making – the Surrogate is substituting what they feel is right for what you would want to be decided.  Your designation document will give directives to your surrogate as to what your wishes are and how you wish to be medically treated.  This serves as the authority for their decisions and it is important that the designation document be prepared carefully and with as much detail as your wishes require.

    You want to consider many factors when choosing your Health Care Surrogate and it is important to discuss your personal situation with a skilled attorney.   In addition to a primary designation you may and should choose at least one alternate surrogate in case your primary choice cannot or will not serve in the role as Health Care Surrogate.  Your designation of primary and secondary surrogate will remain in force until your passing unless your designation document specifically states an ending date for the surrogate’s authority to make medical care decisions.

    To adhere to Florida law your Health Care Surrogate Designation must be in writing. This document must be executed and witnessed with particularity much like a Last Will and Testament.  If there are disputes with the document or its execution, which can be alleged by medical providers, family, or other concerned parties, your document must be legally sufficient to hold up under legal scrutiny.

    Consultations and reviews of your current documents are always free of charge.  Appointments can be made by calling the office and same day appointments are usually available.  Our attorneys are available to you and your family 24 / 7 – please call 321-631-0506.

    Read more about other common planning documents:
    • Last Will & Testament
    • Durable Power of Attorney
    • Living Will 

    Related Topics

    1. Living Will
    2. Last Will
    3. Power of Attorney
    4. Wills & Probate
    5. Guardianship
    6. What is a Fiduciary?
    7. Do You Have a Declaration of a Pre-Need Guardian in Your Estate Plan?
    8. A Story About Your Home, Your Heirs And Probate – The Story
    9. Don’t Make These Mistakes in Planning For Your Pet
    10. The Probate Process in Florida

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