A power of attorney is a precautionary authorisation to act on behalf of another person if that person is no longer capable of making decisions on the matters covered by this power of attorney. A power of attorney is generally granted to a close person, such as a relative, friend or neighbour. In principle, any person can receive the power of attorney, provided that they are of legal age, are capable of managing their own affairs and are not dependent on the institution in which the person is being cared for. Legal capacity is also a prerequisite for establishing a power of attorney.
A power of attorney must be drawn up in writing and in person by a notary, an attorney or, in simple cases, by an adult protection association.
It is registered in the Austrian Central Register of Representatives (ÖZVV) and only comes into effect in the event of incapacity. The scope of the power of attorney can be determined individually in each case. For example, a person with power of attorney can be appointed to manage assets or to handle specific transactions.
The power of attorney takes effect when the affected person loses their decision-making capacity, but this must be confirmed by a medical certificate.
The power of attorney ends with the death of the person granting the power of attorney, with the death of the person to be represented, by a court order or by the termination, revocation or deletion from the relevant register, the ÖZVV.
A power of attorney is not limited in time and can be revoked at any time.