Living Will Act

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Basic data
Title: Living Will Act
Long title: Federal Law on Living Wills
Abbreviation: PatVG
Type: Federal law
Scope: Austria
Legal matter: Medical law , family law
Reference: BGBl. I No. 55/2006
NR: GP XXII RV 1299 AB 1381 p . 142.BR : AB 7518 p. 733
Date of law: May 8, 2006
Effective date: June 1, 2006
Last change: BGBl. I No. 12/2019
Please note the note on the applicable legal version !

The Living Will Act has been in force in Austria since June 1, 2006 .

Scope of the law

This means that medical treatments can be partially or completely refused. Desired treatments or legally unequivocal treatments that have been approved in advance cannot be forced by the patient. The decision about their implementation must also be made by the attending physician. A living will after the law allows the attending physicians, if they know about it, no room for interpretation for rejected treatments. This should enable patients to determine up to five years in advance which treatment methods they should reject if they are no longer able to make decisions at the time of treatment. The period can be extended further if certain formalities are observed. The nursing activities resulting therefrom ( nursing care ) are equated with this .

Binding and substantial advance directives

The law differentiates between the "binding" and the "considerable" living will . Full insight and judgment are required for a "binding" living will. Minors or persons who are under guardianship cannot make this declaration. The living will, which is signed by a notary, a lawyer or the patient advocate after consultation with a doctor , should be valid for a maximum of five years. Advice from the Austrian patient advocates is free of charge.

If all formal requirements are not adhered to, it is a "considerable" order that should and can serve as a guide for doctors.

Outline of the law

The Living Will Act consists of 19 paragraphs, which are summarized in five sections:

  • 1. General provisions
§ 1 area of ​​application (binding - considerable)
§ 2 Definitions (declaration of intent with which medical treatment is refused; who is the "patient")
§ 3 highly personal right, question of insight and judgment
  • 2. Binding living will
§ 4 Content (concrete description of the refused treatments, accurate assessment of the consequences)
§ 5 Information from a doctor, documentation
§ 6 Prerequisites for binding force (in writing, date, before a lawyer, notary or patient representative)
§ 7 Renewal (binding for five years, if not renewed; possibility of amendment)
  • 3. Considerable living will
§ 8 requirements
§ 9 Notability
  • 4. Common provisions
§ 10 Ineffectiveness (not free and serious; error, cunning, deception, coercion; not admissible under litigation; significant change in the state of science; revocation by the patient)
§ 11 other possible content (e.g. person of trust)
§ 12 Emergencies
§ 13 Obligations of the patient
§ 14 Documentation obligations of the informing or treating doctor
Section 15 Administrative Penal Provision
  • 5. Final provisions
§ 16 - § 19 (especially entry into force, enforcement clause).

Power of attorney in Austria

Since 1 July 2007 (entry into force of trustees Law Amendment Act) is in Austrian law, the power of attorney as a priority legal institution to a Sachwalterschaft been normalized by law. The regulations can be found in § 284f , § 284g and § 284h ABGB .

See also

literature

  • Heinz Barta, Gertrud Kalchschmid: The living will - between self-determination and paternalism , ISBN 3-8258-8892-4
  • Ulrich HJ Körtner, Christian Kopetzki, Maria Kletecka-Pulker (ed.): The Austrian Living Will Act . Ethical and legal aspects. In the series: Publication series Ethics and Law in Medicine, Volume 1, Springer-Verlag Wien, Vienna, 2007. 256 pp. ISBN 978-3-211-70876-7
  • Wolfgang Luef: To die without tubes. In: DIE ZEIT No. 40 of Sept. 27, 2007
  • Michael Memmer, Gerson Kern (ed.): Living Will Act - Strengthening or Weakening of Patients' Rights? In the series Colloquium 14. Verlag Österreich. ISBN 3-7046-4917-1

Web links