Living will

With a living will, you can state in advance which medical treatments you wish to refuse in the event of an incurable or serious illness. This may include, for example, life-prolonging measures.

The living will is a written declaration of intent that takes effect if, at the time of treatment, you are no longer able to make decisions or communicate your wishes. The Living Wills Act (Patientenverfügungsgesetz), distinguishes between binding and non-binding living wills.

A binding living will is subject to strict requirements:

  • The living will must be made in writing.
  • The medical treatment to be refused must be clearly described.
  • A doctor must provide comprehensive information to the person making the living will about its medical significance and consequences. The doctor must also assess whether the person is able to fully understand these consequences. All of this must be documented by the doctor.
  • The living will must be drawn up in the presence of one of the following persons:
    • an employee of a patient representative body or an adult
    • a notary public or
    • a lawyer

The living will may be recorded either in the register of living wills at the Office of Austrian Notaries or in the register of living wills of the Austrian Lawyers' Association, if desired. In cooperation with the Red Cross, every hospital can access registered living wills. In addition, the living will can also be stored in ELGA.

 

How long is a living will valid for?

A living will is valid for 8 years unless you specify a shorter period. It can be renewed, amended or changed at any time. If it is amended or changed, the eight-year period begins anew. The living will can also be revoked at any time. Should you lose decision-making capacity before the end of this 8-year period or the specified shorter period, the living will remains binding indefinitely.

 

What is a non-binding living will? 

A living will is not binding if it does not fulfill one or more of the requirements of a binding living will. Doctors must still take it into account when deciding for or against treatment, although they have greater discretion than with a binding living will. The more closely a non-binding living will meets the requirements of a binding one, the more weight it carries in medical decision-making.

For more detailed information, please contact one of the persons named above, who can also advise you on the associated costs.

 

General information on living wills

For more general information on living wills click here:

Information on living wills - oesterreich.gv.at

The following form is recommended by the Federal Ministry of Labor, Social Affairs, Health, Care and Consumer Protection:

Living will form

Last updated: June 26, 2025