{"id":5682,"date":"2026-09-28T13:19:00","date_gmt":"2026-09-28T11:19:00","guid":{"rendered":"https:\/\/teamkindl.com\/?p=5682"},"modified":"2026-10-14T13:20:47","modified_gmt":"2026-10-14T11:20:47","slug":"lasting-power-of-attorney-in-austria-everything-you-need-to-know-about-creation-effect-and-revocation","status":"publish","type":"post","link":"https:\/\/teamkindl.com\/en\/news\/lasting-power-of-attorney-in-austria-everything-you-need-to-know-about-creation-effect-and-revocation\/","title":{"rendered":"Lasting power of attorney in Austria: Everything you need to know about creation, effect and revocation."},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><strong class=\"\"><strong class=\"\">Why a lasting power of attorney is essential in Austria<\/strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A fall, a stroke, a car accident \u2013 and suddenly life as you know it is turned upside down. What many people do not know is that in Austria, even your closest family members are not allowed to make decisions on your behalf in an emergency without an appropriate power of attorney. The bank will not give relatives access to your account, they have no say in treatment decisions at the hospital, and even the running of a family business can falter.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Yet it would be so easy to plan ahead in good time: with a lasting power of attorney, you decide for yourself who may act on your behalf if you are no longer able to do so. Nevertheless, according to recent surveys, only around 3.5% of adults in Austria have created a lasting power of attorney. This article gives you a clear and practical explanation of everything you need to know about lasting powers of attorney in Austria \u2013 from creation and effect to revocation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">What is a lasting power of attorney?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A lasting power of attorney is a written authorization that takes effect when the principal loses the capacity to make decisions (Section 260 of the Austrian General Civil Code, ABGB). It allows you to designate a trusted person in advance who may act on your behalf in certain areas of your life \u2013 for example your spouse, your children, your parents or close friends.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A lasting power of attorney is one of the four forms of representation under Austrian adult protection law (Second Adult Protection Act, Federal Law Gazette I No. 59\/2017). The other forms are elected adult representation, statutory adult representation and court-appointed adult representation. If created in good time, a lasting power of attorney takes precedence because it ensures the greatest degree of self-determination: you decide for yourself who represents you and in which matters \u2013 not a court.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Why is a family relationship alone not enough?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In Austria, spouses, children and parents have no automatic right of representation. Without a lasting power of attorney, the court must appoint an adult representative in an emergency \u2013 a process that costs time, money and nerves. What is more, the court may appoint a person you would not have chosen yourself. Anyone who has not created a lasting power of attorney places their decisions in the hands of the court \u2013 with all the delays and uncertainties this entails.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A lasting power of attorney prevents exactly this scenario: you decide \u2013 not the judge. It is an act of trust and of care for yourself and your family.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Which matters can a lasting power of attorney cover?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under Section 261 ABGB, a lasting power of attorney may be granted for individual matters or for categories of matters. The law deliberately does not provide for a blanket general power of attorney covering all areas of life. The power of attorney is created to fit your personal circumstances.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Typical matters covered by a lasting power of attorney<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Financial matters<\/strong>: Management of bank accounts, real estate, securities and other assets. The person you have appointed may, for example, make bank transfers, enter into contracts or manage investments.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Medical decisions<\/strong>: Consenting to or refusing medical treatment, choosing the hospital and communicating with the doctors treating you.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Residence and living arrangements<\/strong>: Deciding where you live or stay, and making decisions about moving into a nursing home or assisted living.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Representation before authorities and courts<\/strong>: The person you have appointed can represent you in administrative or court proceedings.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">What can a lasting power of attorney not cover?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Strictly personal matters cannot be delegated to a representative and therefore cannot be covered by a lasting power of attorney. These include, for example, making a will, getting married, adopting a child and making an advance directive.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Lasting power of attorney vs. advance directive \u2013 what is the difference?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A lasting power of attorney and an advance directive are two different instruments: a lasting power of attorney governs representation by a trusted person, while an advance directive sets out binding medical wishes (e.g. refusing certain treatments). The two complement each other well and should ideally be created together.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">How is a lasting power of attorney created?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The creation of a lasting power of attorney is clearly regulated in Section 262 ABGB and is subject to strict formal requirements:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong class=\"\">Created in person<\/strong>: A lasting power of attorney must be created personally and in writing before a lawyer, a notary or an adult protection association. It cannot be created through a representative.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong class=\"\">Duty to inform<\/strong>: The lawyer, notary or adult protection association before whom the lasting power of attorney is created must personally inform you about the following points:<\/li>\n<\/ul>\n\n\n\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-8f761849 wp-block-columns-is-layout-flex\">\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:100%\">\n<ul class=\"wp-block-list\">\n<li>the legal consequences of a lasting power of attorney,<\/li>\n\n\n\n<li>the option of prohibiting the delegation of the power of attorney or of providing for joint representation by several appointed persons,<\/li>\n\n\n\n<li>and the option of revoking the power of attorney at any time.<\/li>\n<\/ul>\n<\/div>\n<\/div>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong class=\"\">Registration in the \u00d6ZVV<\/strong>: Once created, the lasting power of attorney is entered in the Austrian Central Register of Representation (\u00d6ZVV). This registration is an essential step, as it ensures that the power of attorney can be found in an emergency and that its validity can be proven.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong class=\"\">Costs of a lasting power of attorney<\/strong>: The costs vary depending on where the power of attorney is created. With lawyers and notaries, the costs depend on the work involved in the individual case and on how complex the power of attorney is.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">When does a lasting power of attorney take effect?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A lasting power of attorney only takes effect when the so-called &#8220;triggering event&#8221; occurs \u2013 that is, when a doctor confirms that you are no longer capable of making decisions in the matters covered by the power of attorney (Section 263 ABGB). Under Section 24(2) ABGB, a person is capable of making decisions if they can understand the significance and consequences of their actions in the relevant context, form their will accordingly and act in line with it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The occurrence of the triggering event is also entered in the \u00d6ZVV. Important: the triggering event may only be entered to the extent that the principal has actually lost the necessary capacity to make decisions. This means that if someone has lost the capacity to make decisions only with regard to medical matters, the power of attorney remains inactive for the time being in other matters (eg finances).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If there are justified doubts as to the loss of the capacity to make decisions, the triggering event or the suitability of the appointed person, the entry must be refused and, where appropriate, the guardianship court must be notified.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Can a lasting power of attorney be revoked?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Yes \u2013 and this is a particularly reassuring aspect: a lasting power of attorney can be revoked at any time \u2013 even if the capacity to make decisions is already impaired (Section 246 ABGB). To revoke it, it is sufficient for the person represented to indicate that they no longer wish to be represented. This option cannot be waived.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The revocation takes effect once it has been entered in the \u00d6ZVV. A lasting power of attorney also ends:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>on the death of the person represented or of the appointed person,<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>by court decision,<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>or once a notice of termination has been entered in the \u00d6ZVV.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">If the person represented regains the capacity to make decisions, the fact that the triggering event no longer applies is also entered in the \u00d6ZVV, and they once again decide on their own affairs themselves.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">You retain your legal capacity<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A common misconception: creating a lasting power of attorney does not automatically mean that you lose your legal capacity (Section 242 ABGB). As long as you are capable of making decisions, you continue to act for yourself. Only when the triggering event occurs can the appointed person act on your behalf \u2013 and even then, your personal will remains the guiding principle for their actions.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong class=\"\">Conclusion: Plan ahead now and safeguard your self-determination<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A lasting power of attorney is more than a legal document \u2013 it is an act of trust and of care for yourself and your family. The sooner you deal with it, the more certain you can be that everything will be arranged as you would want in an emergency. Do not wait until it is too late: only those who plan ahead in good time keep control over their own affairs.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Contact<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Would you like to create a lasting power of attorney, or do you have questions about it? At Team Kindl, we will be happy to advise you personally and guide you through the entire process \u2013 confidentially, clearly and in a way that suits your individual situation. Contact us now.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Your contacts from our KINDL.Legal Defense practice area:<\/p>\n\n\n\n<div class=\"wp-block-group\"><div class=\"wp-block-group__inner-container is-layout-constrained wp-block-group-is-layout-constrained\">\n<div class=\"wp-block-group is-layout-grid wp-container-core-group-is-layout-9d260ee2 wp-block-group-is-layout-grid\">\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"683\" height=\"1024\" src=\"https:\/\/teamkindl.com\/wp-content\/uploads\/2026\/10\/Portrait_Mayerhoefer_2000x3000_v2-683x1024-1.jpg\" alt=\"\" class=\"wp-image-5904\" srcset=\"https:\/\/teamkindl.com\/wp-content\/uploads\/2026\/10\/Portrait_Mayerhoefer_2000x3000_v2-683x1024-1.jpg 683w, https:\/\/teamkindl.com\/wp-content\/uploads\/2026\/10\/Portrait_Mayerhoefer_2000x3000_v2-200x300-1.jpg 200w, https:\/\/teamkindl.com\/wp-content\/uploads\/2026\/10\/Portrait_Mayerhoefer_2000x3000_v2-768x1152-1.jpg 768w, https:\/\/teamkindl.com\/wp-content\/uploads\/2026\/10\/Portrait_Mayerhoefer_2000x3000_v2-1024x1536-1.jpg 1024w, https:\/\/teamkindl.com\/wp-content\/uploads\/2026\/10\/Portrait_Mayerhoefer_2000x3000_v2-1365x2048-1.jpg 1365w\" sizes=\"auto, (max-width: 683px) 100vw, 683px\" \/><\/figure>\n<\/div>\n\n\n\n<div class=\"wp-block-group is-layout-grid wp-container-core-group-is-layout-9d260ee2 wp-block-group-is-layout-grid\">\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/teamkindl.legal\/team\/marc-julian-mayerhoefer\/\">Marc Julian Mayerh\u00f6fer &#8211; KINDL.trusted<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n<\/div>\n<\/div><\/div>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In this article, find out how to create a lasting power of attorney, when it takes effect and which matters it covers. Find out more now!<\/p>\n","protected":false},"author":6,"featured_media":5664,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[50],"tags":[],"class_list":["post-5682","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"acf":[],"_links":{"self":[{"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/posts\/5682","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/comments?post=5682"}],"version-history":[{"count":9,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/posts\/5682\/revisions"}],"predecessor-version":[{"id":5910,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/posts\/5682\/revisions\/5910"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/media\/5664"}],"wp:attachment":[{"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/media?parent=5682"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/categories?post=5682"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teamkindl.com\/en\/wp-json\/wp\/v2\/tags?post=5682"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}