Each of us can suddenly become so ill that he or she cannot communicate with others anymore. Nevertheless, his or her will shall be respected.
You can plan in advance for such a case.
Proxy decision-making
Who is allowed to decide when I cannot?
When you are incapacitated (for example, because you are uncontious after a severe stroke), other people must make decisions for you.
In Austria, the following people are eligible for such a proxy decision-making:
- Someone you yourself have designated before becoming incapacitated
- Certain members of your family
- A legal guardian appointed by court for you
If you read on, you will find a very brief discription of those proxy decision-makers.
Someone designated by you
You may provide a designated person with a power of attorney.
In a power of attorney you may delegate decisions on the following matters (and more) to that designated person:
- Decisions about medical treatments for you
- Decisions about your place of residence
- Decisions about your financial affairs
Because these are important issues, you must go to a notary public, a lawyer, or to court for establishing such a power of attorney.
A simple hand-written paper in which you delegate these issues to another person is not enough to fulfil the legal requirements.
Certain members of your family
When you are incapacitated and have no advance directive and no formal power of attorney, there are two proxy decision-makers eligible: certain members of your family and a legal guardian appointed by court.
As for your family members, the law gives the following persons a limited proxy decision-making authority:
- parents for their children over 18 years of age
- children over 18 years of age for their parents
- husband and wife, registered spouses, couples—as long as they live together—for each other
Please note: In Austria, even those close family members may only decide on minor medical treatments as proxy for the patient. For all major decisions (for example, extensive surgery, chemotherapy, feeding tube), a legal guardian must be appointed by court, when you have no advance directive or power of attorney.
You may also deny (certain) family members a proxy decision-making authority over you.
A legal guardian
A legal guardian appointed by court is the last resort when you have not decided otherwise.
If you
- have no advance directive and
- have no formal power of attorney and
- your family members cannot decide for you,
the local court must appoint a legal guardian for you. This guardian must decide in your best interest and respect your will (as far as it is known).
Legal reform of proxy decision-making
Currently, there is a major legal reform regarding proxy decision-making under way.
Where do I find further information? (in German)