How did you become a medical representative

Legal adult representation

Example: Anton's mother Beate is 82 years old and widowed. After a stroke, the right half of her body is paralyzed and she is likely to remain a nursing case. So she can no longer do her own business. Who pays her bills for her now if she can no longer do it herself?

The legal adult representation basically corresponds to that which existed until June 30th, 2018 Authorization to represent next of kin.

If the person concerned does not designate a representative himself, the legal adult representation a. It takes effect when the person concerned can no longer do their business themselves without the risk of disadvantage. If the person represented can no longer take care of their legal transactions due to an accident or illness, a next of kin can represent the person.

The regulation is based on the idea that there is the greatest trust in the closest relatives and that they know best the will of the relatives they are representing.

Legal adult representatives are those next of kin. These include:

  • Spouse or registered partner
  • Life companions, provided they have lived in the same household with the person concerned for at least three years
  • adult children and grandchildren
  • Parents and grandparents
  • Siblings, nieces and nephews
  • Persons named in an adult representative ruling

Legal adult representatives are allowed to do everyday business for the person concerned and also to make more serious decisions. Such decisions concern, for example, a change of place of residence or a decision about medical treatment. However, if there is a permanent change of place of residence (moving to a home) or if the person represented objects to the medical treatment, the legal adult representative needs a court approval for this.

In order for the next of kin to be able to represent the person concerned, their power of representation must be in the Austrian Central Representation Directory (ÖZVV) be entered. The entry can be made by a notary, a lawyer or an adult protection association. With the registration in the ÖZVV, the legal adult representation becomes effective.

The power of representation is only valid for three years, but it can be registered again. The adult representation can also be terminated at any time by the legal adult representative or by the person concerned by objection. The objection must be entered in the ÖZVV. If the adult representative or the person concerned dies, the adult representation also ends.

The legal adult representative is also subject to judicial control. For certain decisions he needs the approval of the court. He also has to prepare an annual life situation report in which he provides information on

  • Design and frequency of personal contact with the person concerned,
  • their place of residence,
  • their mental and physical well-being and
  • the matters concerned in the past year and to be concerned in the coming year

have to do. If the legal adult representative is entrusted with asset management, he must submit an entry invoice when he begins his activity and a final invoice when he ends. In the initial invoice, he must state the assets of the person concerned in detail so that the court can get an overview of the scope and type of assets. The legal adult representative only has to issue a current invoice (at intervals of a maximum of three years) if the court orders this.

Solution to the example: Anton is Beate's son and therefore a close relative. He can represent his mother as the legal adult representative.

As a relative, you may only represent the person concerned if they want to. If the person concerned does not want to be represented by (certain) relatives, they can object to legal adult representation.