Sometimes, an adult may be unable to make decisions due to a mental illness or a similar condition and can no longer manage their own affairs without harm. In such cases, close relatives take over statutory adult representation. However, this only applies if the person has not created a power of attorney or appointed a chosen adult representative.

A close relative as well as several close relatives can act as 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: 

• an employee of an adult protection association,
• a notary public or
• a 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 on your behalf 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:

If a person's decision-making capacity is already impaired, they can no longer draw up a power of attorney. However, if they still understand what a power of attorney involves, they can choose to appoint one or more adult representatives. These individuals can handle important matters on their behalf if they are no longer fully capable of making decisions or acting on their own. Only one representative can be appointed for each area of responsibility.

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:

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

The chosen adult representative must be officially appointed in writing by one of the above-mentioned professionals and entered into the Austrian Central Register of Representatives (ÖZVV) by that person.

When does the elected adult representative become effective?

The appointment of 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 on your behalf in the specified matters.

The elected 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:

A court-appointed adult representative is only assigned if a person of legal age is unable to make decisions due to mental illness or a similar condition and can no longer manage their own affairs without risk of harm. If no other form of representation is available, the court steps in and appoints an adult representative. The court also defines the specific responsibilities of the representative.

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 court-appointed adult representative appointed?

A court-appointed adult representative is appointed by the district court responsible for the person’s place of residence. This can happen either at the request of the person themselves or at the suggestion of third parties, such as relatives. The court reviews whether the legal requirements for appointing a representative are met.

Court-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 court-appointed adult representation become effective?

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

Court-appointed adult representation is valid for a maximum of three years. To extend it, a renewal process must be initiated, including the preparation of a clearing report. If the representation is limited to specific tasks, it ends once those tasks are completed. Representation also ends if the person concerned passes away.

A court-appointed adult representative is always under the supervision of the court.

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