Power of Attorney

A power of attorney is a written declaration by which you appoint a person you trust in advance to represent you in personal, financial and health matters if you are no longer able to make decisions. It safeguards your right to self-determination and prevents a court from ordering adult representation.

Regulation of Own Representation

Who should decide for you then?

How do you want to regulate your representation?

• in postal and telecommunications traffic
• in banking transactions
• in tax matters in the administration and disposal of assets
• when determining the place of residence
• when deciding on healthcare and nursing
• in all other legal and highly personal matters

Special Case Company

Should your professional and private matters be decided by the same person?

Or would it be better to provide for different people?

The most Important Question

You make these decisions as long as you are able to make decisions. Do not wait for a reason, because medical situations arise suddenly. Those who make provisions in good time retain control and reduce risks.

Act Now

Draw up your living will in good time. This creates commitment and clarity, and you avoid stressful emergency decisions in acute cases.

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Contents of a Power of Attorney

In a power of attorney, in the event of loss of legal capacity, the capacity to understand and judge, or the capacity to express oneself, you appoint an authorized person who is then allowed to make decisions for you until you can manage your affairs yourself again.

The power of attorney is therefore to be regarded as the ideal of the right to self-determination and therefore takes precedence over adult representation.

In principle, any adult person can be appointed as an authorized representative, with the exception of those who cannot adequately take care of their own affairs.

It is important to make this decision yourself, as this person should have a special position of trust.

Also the authorization of several persons, the determination of a division of tasks or the restriction of the power of attorney to certain decisions. For example, one could entrust all financial matters to a person of trust who is good with money, and transfer the decision-making power in medical matters to another person of trust.

Of course, instructions can also be given to the authorized representatives. In addition, the wishes and ideas of the person concerned regarding the design of his or her future can be included in a power of attorney, such as the type and scope of care services, stays in nursing homes, medical care or leisure activities.

Group of People for a Power of Attorney

A power of attorney is recommended for every adult. Serious illnesses, accidents or other unexpected events can lead to a situation at any age in which one can no longer make decisions oneself. Those who make clear arrangements early on protect themselves from state adult representation and relieve relatives.

The Right Time for a Power of Attorney

Powers of attorney, living wills and wills have one thing in common: all three are only needed on a specific day. Those who miss the day have missed the chance for self-determination. Then the state regulates what happens next.

A power of attorney can only be established as long as the capacity to make decisions has not been taken away. If you want to regulate yourself who should decide in an emergency, now is the right moment for the first free step.

Revocation of a Power of Attorney

A power of attorney granted by you can be revoked at any time, informally and without giving reasons. Even after the occurrence of the provision case, e.g. loss of legal capacity, a revocation is still possible as long as you are able to express this wish.

The revocation, like the power of attorney itself, is registered in the ÖZVV, the Austrian Central Representation Register.

Your Benefits with Legal Assistance

Our law firm handles all three steps to establish a power of attorney:

First, in a lawyer’s consultation, we explain all the consequences of a power of attorney and discuss the various design options together. Your wishes are then put on paper. The power of attorney is then drawn up by our lawyers.

Before you sign the power of attorney, all points will be discussed again in detail. Safety is our top priority.

After signing, we register the power of attorney in the ÖZVV, the Austrian Central Representation Register. Registration ensures that the power of attorney is found immediately in the event of loss of legal capacity, the capacity to understand and judge, or the capacity to express oneself. In addition to the power of attorney itself, the occurrence of the provision case must also be entered in the ÖZVV, because this is the only way the power of representation of the authorized representative arises.

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Frequently Asked Questions – FAQ