Living will

With a living will, you can decide in advance which medical treatments you refuse in the event of an incurable or serious disease. This could be life-prolonging measures, for example.

The living will is a written declaration of intent. It becomes effective if you are incapable of making decisions at the time of treatment or are unable to express your opinion. The Advance Directive Act distinguishes between binding and non-binding advance directives;

A binding living will is subject to strict requirements:

  • The living will must be in writing.
  • The rejected measure must be specifically described.
  • A doctor must fully inform the person who wishes to make the living will about the significance and consequences of the living will from a medical point of view. He or she must also assess whether this person can correctly assess the consequences. All points must be documented by the doctor.
  • The living will must be drawn up in front of one of the following persons:
    • employee of a patient representative body or an adult protection association,
    • notary public or
    • lawyer

The living will can be entered in the register of living wills of the Austrian notary's office or in the register of living wills of Austrian lawyers. 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 by yourself. It can be renewed, amended or changed at any time. In the event of an amendment or change, the eight-year period begins anew. The living will can also be revoked at any time. If you lose the capacity to make decisions before the end of the eight-year period or the shorter period you have specified, the living will remains binding forever.

 

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 take them into account when making decisions for or against treatment. However, the scope for medical decisions is greater than with a binding living will. The more a non-binding living will fulfills the requirements of a binding living will, the more it must be taken into account by doctors.

For more detailed information, please contact one of the persons named above. They can also inform you about the costs.

 

General information on living wills

For more general information on Patientenverfügung 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