Can I make an advance healthcare directive in Austria?
Yes — any capable adult may make an advance healthcare directive. There are two types: the binding directive (doctors and carers must follow it) and the to-be-considered directive (taken into account, but not strictly binding). A binding directive requires prior medical advice and must be drawn up and signed before a lawyer, notary or a patients' advocacy / adult-protection association. Since the 2019 reform it is valid for 8 years (or shorter if you set it) and must then be renewed. Entry in the advance-directives register (for a fee) helps hospitals find it. In short: yes — strongest as a binding directive.
📋 The rules
- Two types: binding or to-be-considered
- Binding needs medical advice
- Drawn up before a lawyer, notary or similar
- Binding is valid 8 years, then renew
- Entry in the register (for a fee)
🔓 Exceptions
- An expired binding directive continues as to-be-considered
- If circumstances change fundamentally, binding force can lapse
- Revocable at any time, informally (while capable)
⚠️ Penalties & fines
There are no fines — this is a private instrument. Note the 8-year validity of the binding form and the cost of medical advice, drafting and registration. Beware a myth: "a handwritten note in my drawer is binding on doctors" is false — only a directive made with the required medical advice and before a lawyer, notary or authorised body is binding; an informal one counts only as to-be-considered. Tip: renew the binding directive in good time so it keeps full force when it matters.
📎 Official sources
- gesundheit.gv.at · advance directive →
- Ministry of Social Affairs · advance directive →
- oesterreich.gv.at · patient rights →
❓ Frequently asked
What's the difference between binding and to-be-considered?
Doctors and carers must follow a binding advance directive. A to-be-considered one must be taken into account in treatment but isn't strictly binding. The binding form requires stricter conditions, such as medical advice and being drawn up before a lawyer or notary.
How do I make a binding directive?
You first need medical advice documenting that you understand the consequences. Then you draw up and sign the directive before a lawyer, a notary, or a legally trained person of a patients' advocacy or adult-protection association.
How long is it valid?
A binding advance directive has, since the 2019 reform, been valid for eight years, unless you set a shorter period. After that it must be renewed to remain binding, and the renewal again requires medical advice.
What happens after the 8 years?
An expired binding directive doesn't become void but continues as a to-be-considered directive. It thus remains strong evidence of your wishes but is no longer strictly binding. A timely renewal preserves full binding force.
Can I revoke the directive?
Yes. As long as you have decision-making capacity, you can revoke the advance directive at any time, even informally. So you aren't bound by a once-made directive if your wishes change. What matters is that the revocation is clearly recognisable.
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