Last Will and personal provisions
Your provision is our concern!
From our experience, we know that thinking ahead and taking precautions for life’s eventualities is essential. Take care of yourself and your loved ones with legal remedies from the Notariat Mariahilf!
Testament
We at Notariat Mariahilf understand that the subject of will and inheritance can be sensitive issue. That’s why we want to help you make the process as easy and enjoyable as possible.
You can make your will by hand or by someone else. If you decide to make a will in your own hands, you must comply with all regulations to ensure it is valid. This includes writing and signing the will yourself. Witnesses are necessary to guarantee the validity if someone else writes the text for you.
In principle, you must contact your notary to determine your last will in time. All questions about content and form are answered there, and the will is created to meet your wishes.
If you want to protect your family and maintain legal peace, a waiver of inheritance and/or compulsory portion can provide clarity. This is particularly important for property transactions within the family.
Health care proxy
In addition to the will, there is another important topic of personal provision, which affects more and more people: The power of attorney. This is the legal precaution in the event that you are no longer able to act or make decisions.
With a power of attorney, you can determine in advance a trustworthy person who will represent you in certain matters if you are no longer able to make decisions yourself. This helps to avoid later adult representation.
Precautionary powers of attorney have proven themselves many times over. In the precautionary power of attorney, from representation in financial matters to representation in the hospital or nursing home, in particular, all individual concerns can be regulated in advance. As a rule, close family members, such as children and spouses, but also life partners, are provided with this extraordinary power of attorney.
The effective date of a proxy can be registered in the Austrian Central Representation Register. Revocation of this power of attorney can also be registered here. This central register contains all precautionary powers of attorney registered with lawyers. It can also be recorded when a power of attorney becomes effective, who was appointed as an adult representative, by which relatives should not be represented and, of course, if a power of attorney has been revoked. By registering in the ÖZVV, the court can check at any time within seconds whether a power of attorney is registered.
A power of attorney is an important decision that should be approached by both you and us with tremendous possible responsibility and care.
Advance directive
With a living will, you can decide which medical measures should be carried out in case of emergency or not. To draw up a binding living will, you need the help of a doctor as well as a notary, lawyer, or an employee of a patient representation or an adult protection association. If all formal requirements are met, the living will is valid for up to eight years for all medical treatments and can then be renewed. In an emergency, authorized hospitals can check at any time whether you have a living will. If you want to make a binding living will, a visit to a notary, lawyer, or patient lawyer is an important part of the process. Note that a “different” living will is only a guide for the attending physician but does not necessarily have to be followed.
Adult protection law
We very much welcome the new adult protection law and the improvements it brings for adults with limited decision-making ability. These people are now in a position to shape their lives largely independently and to preserve their autonomy.
The aim of the reform was to enable the affected adults – formerly known as “Besachwaltete” – to achieve the highest possible degree of self-determination. We strive to implement the will of these people in every respect in the best possible way.
The Notariat Mariahilf is always available to assist you with all questions about adult protection and self-determination. We are committed to providing you with a safe and supportive environment where you can fully exercise your rights and freedoms.
Elected adult representation
If a person is restricted due to a mental illness or a comparable impairment and if no advance order has been made in advance, the affected person can choose his trusted person. This person can be a family member, friend or a trusted person with whom you can make an agreement before a notary, lawyer or adult protection association. This agreement may, among other things, give the right to make decisions on medical treatments. It is important that this form of representation is self-chosen and has no time limit, but annually a report to the court on the life situation and the assets must be submitted by the representative.
Legal adult representation
Legal adult representation is intended for persons who have not drawn up a power of attorney for precautionary measures and can no longer choose their own representation. Not only parents, grandparents, children, grandchildren, spouses or registered partners, but also siblings, nieces or nephews can act as representatives.
In order to register the legal adult representation, the future representative needs a medical certificate, which must be deposited in the Austrian Central Representation Directory (ÖZVV). If the person concerned should exclude someone from the circle of potential representatives in advance, an objection can be entered there.
The scope of legal adult representation has been expanded and now includes the conclusion of legal transactions of daily life as well as the management of income and assets. In order to ensure the protection of the represented person, the legal representation must be renewed every three years. The legal adult representative must report annually to the court on the life situation and the assets.
Let us create a partnership agreement together that takes your wishes and needs into account. We are always at your disposal.
Judicial adult representation
Judicial adult representation is an important option for people who do not have a power of attorney and can no longer manage their affairs themselves. This form replaces the previous guardianship and provides a safer way to protect your interests.
In the case of judicial adult representation, the powers of the representative are described in detail and limited to certain acts to ensure that the rights of the person concerned are respected. It is ensured that this form of representation is only used as an “ultima ratio” after alternative options such as support or other representation options have been tested and have not worked.
It is important that legal adult representation does not lead to an automatic loss of legal capacity.
The Notariat Mariahilf in Vienna is at your disposal at any time to inform you about the judicial adult representation and all other relevant options and to support you in carrying out the “clearing”.