Family Law
If one person brings assets into a marriage, do they belong to both spouses? How can assets be divided in a divorce without a dispute? How do adoption proceedings work? Who can buy a condominium together? Can the partner enter into the tenancy agreement? There are many things that should be settled. Legal certainty and discretion are particularly important in family matters. The notary can fulfill two functions: He has experience in family law and can therefore be a valuable advisor on important decisions.
And in some matters, he is expressly appointed by the state to create clear conditions by means of a notarial deed - for example in the case of paternity declarations or the declaration of consent for medically assisted reproduction (artificial insemination).
- Adoption
- Agreements on the Adult Protection Act
- Reproductive Medicine Act
- Marriage contract
- Divorce settlement
Living will
A living will is a written declaration that certain medical life-sustaining measures will no longer be carried out in a specific medical situation. The binding living will must be drawn up with the assistance of a doctor on the one hand and a notary, lawyer or legally qualified employee of the patient representative body on the other.
If all these formal requirements are met, the living will is binding for the respective treating physician for five years. Every living will that is drawn up with a notary can, if desired, be entered in the register of living wills of the Austrian notary's office. This register is maintained by the Austrian Chamber of Notaries in cooperation with the Austrian Red Cross.
- Before you think about drawing up a living will, you should make sure that it is the right instrument for you.
- Why do you want to draw up a living will?
- Is there a specific reason?
- Is there a specific illness?
- Have you thought about the fact that a health care proxy, in which you name a person who can make decisions for you in an emergency, is also an option for self-determination?
Lasting Power of Attorney
When it comes to legal provisions, most people think of making a will. At the same time, a topic that concerns and moves more and more people is coming up more frequently: legal provision in the event that you yourself are no longer able to act and make decisions. There is a tailor-made answer to this question: the health care proxy. With this power of attorney, everyone has the opportunity to appoint a trusted person in advance to represent them in certain matters if they lose the ability to conduct business, understand, make decisions or express themselves. This is intended to prevent the need for guardianship at a later date.
In practice, the health care proxy is already relatively popular. As a rule, close family members, for example children, are granted this special power of attorney. The areas of application of the health care proxy can include representation in all financial matters, representation in hospital vis-à-vis doctors, in particular for treatments and operations, but also for placement in a nursing home and, last but not least, in everyday life with authorities, courts and the like. The effectiveness of the power of attorney can be registered in the Austrian Central Register of Powers of Attorney upon the occurrence of a case of precaution, whereby any revocation of this power of attorney can also be registered here. A health care proxy is a decision that requires a great deal of responsibility and the utmost care. From anyone who wants to grant a health care proxy. But also from anyone who provides advice.
