Can I make a power of attorney for incapacity in Austria?
Yes — any capable adult may make a precautionary power of attorney. It sets out who decides for you if you later lose decision-making capacity. It must be made in person and in writing before a notary, lawyer or adult-protection association (§ 262 Civil Code) — a purely handwritten power of attorney is ineffective. It must be registered in the ÖZVV (central representation register). It only takes effect once incapacity occurs and a medical certificate is deposited in the ÖZVV. A valid power of attorney avoids a court-appointed adult representation. In short: yes, but only in qualified form and with registration.
📋 The rules
- Before a notary, lawyer or adult-protection association
- A purely handwritten one is ineffective
- Mandatory registration in the ÖZVV
- Effective only on loss of capacity (medical certificate)
- Avoids a court-appointed representation
🔓 Exceptions
- Real estate/company shares: only via lawyer or notary
- While you are capable, you continue to act yourself
- Without it, statutory/court representation applies
⚠️ Penalties & fines
There are no fines — the risk of not having one is a court-appointed adult representation. The cost at a lawyer is usually a flat fee of around €300–€800 depending on complexity (notary and association fees vary). Beware a myth: "I can just write a power of attorney by hand and my family is covered" is false — it must be made before a notary, lawyer or adult-protection association and registered in the ÖZVV, otherwise it's invalid. Tip: combine the power of attorney with an advance healthcare directive to cover medical decisions too.
📎 Official sources
❓ Frequently asked
What is a precautionary power of attorney?
With a precautionary power of attorney you decide in advance who may decide for you if you later lose your decision-making capacity, for example through accident, illness or dementia. It only applies on loss of capacity and saves you and your family a court-appointed adult representation.
How do I make one?
The power of attorney must be made in person and in writing before a notary, a lawyer or an adult-protection association. A purely handwritten power of attorney is ineffective for this purpose. It is then registered in the Austrian central representation register, the ÖZVV.
When does it take effect?
The power of attorney only takes effect once incapacity occurs, that is when you lose the necessary decision-making capacity. For this, a medical certificate must be deposited as an effectiveness entry in the ÖZVV. While you are capable, you continue to act yourself.
What does a power of attorney cost?
The cost depends on the effort and the chosen drafter. At a lawyer a flat fee usually runs between about €300 and €800 depending on complexity. The fees of notaries and adult-protection associations can differ.
What happens without a power of attorney?
Without a valid power of attorney, statutory, chosen or court-appointed adult representation applies in an emergency. Especially for real estate, company shares or foreign assets the power of attorney must be made via a lawyer or notary; an adult-protection association isn't competent for this.
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