If a person's decision-making capacity is already impaired, they can no longer draw up a power of attorney. However, such a person can choose adult representation if they still understand the scope of a power of attorney: one or more persons can handle important matters on behalf of the person concerned if he or she is no longer fully capable of making decisions and acting. Only one representative can be appointed for each matter.

How do I obtain an elected adult representative?

In order to obtain a legally valid elected adult representative, you must visit one of the following persons:

• employee of an adult protection association,
• notary public or
• lawyer 

The chosen adult representative can only be appointed in writing by one of the above-mentioned persons and must be entered by this person in the Austrian Central Register of Representatives, ÖZVV for short.

When does the elected adult representative become effective?

The elected adult representative becomes effective as soon as you have the elected person or persons entered in the Austrian Central Register of Representatives, ÖZVV for short. One or more registered representatives can then make decisions for you in the specified matters.

The chosen adult representation is valid indefinitely, but can be terminated or revoked at any time by making an entry in the ÖZVV.

For more detailed information, please contact one of the persons named above.

For more general information on elected adult representation and the costs involved, click here:

Sometimes an adult is unable to make decisions due to mental illness or a comparable impairment and cannot manage their own affairs without detriment. In this case, next of kin take over the statutory representation of the adult. However, this only occurs if the person concerned has not established a power of attorney or has not appointed an elected adult representative.

A next of kin or a next of kin as well as several next of kin can be representatives of the person concerned. Next of kin includes

• parents,
• grandparents,
• adult children, 
• grandchildren of full age,
• siblings,
• nieces and nephews,
• spouses,
• registered partners,
• cohabiting partners who have lived in the same household for at least 3 years,

• persons named in an adult representative order.

   

How do I obtain statutory adult representation? 

You must visit one of the following persons for statutory adult representation: 

• employee of an adult protection association,
• notary public or
• lawyer

The statutory adult representation is entered in the Austrian Central Register of Representatives, ÖZVV for short, by the person you consult. It is checked by the court. You can register an objection in advance against individual persons eligible for statutory adult representation or against all eligible persons in general.

When does the statutory adult representation take effect?

The statutory adult representation takes effect when one or more next of kin or several next of kin are entered in the Austrian Central Register of Representatives, ÖZVV for short. One or more registered or non-excluded representatives can then make decisions for you in the specified matters if you lose the capacity to make decisions.

The statutory adult representation ends automatically after three years, unless it is revoked before then or re-entered in the ÖZVV before the three years have expired.

For more detailed information, please contact one of the persons named above.

For more general information on statutory adult representation and the costs involved, click here:

The prerequisite for a court-appointed adult representative is that a person of legal age is unable to make decisions as a result of mental illness or a comparable reason and can no longer manage their own affairs without risking harm to themselves. If there is no other possibility of representation, the court appoints an adult representative. The court determines the tasks for which the representative is responsible.

Far-reaching decisions, such as the permanent relocation of the person concerned, cannot be made by the court-appointed adult representative alone. Such decisions must also be approved by the court.

How is a cout-appointed adult representative appointed?

A cout-appointed adult representative is appointed - at the request of the person for themselves or at the suggestion of third parties such as relatives - by the district court responsible for the place of residence. The court examines whether the requirements for the appointment of a cout-appointed adult representative are met.

Cout-appointed adult representatives are primarily persons close to the person, such as those named in an adult representative order. If there is no such order, the court chooses persons who are close to the person to be represented. If there are no such persons, an adult protection association, a lawyer or a notary can be appointed.

When does the cout-appointed adult representation  become effective?

The cout-appointed adult representation  becomes effective with a legally binding decision by the competent court.

The cout-appointed adult representation is limited to three years. In order to extend its validity, a renewal procedure must be carried out and a clearing report must be obtained. If the cout-appointed adult representation is limited to individual mandated tasks, it ends as soon as these tasks have been completed. In addition, the representation ends in the event of the death of the person concerned.

A court-appointed adult representative is always controlled by the court.

For more general information on cout-appointed adult representation and the costs involved, click here: