The lasting power of attorney (Vorsorgevollmacht) is a precautionary power of attorney. It only comes into force when the authorizing person is no longer capable of making decisions. The power of attorney is therefore a precautionary instrument.
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Made and reviewed by:
Mag. Christian Dax, LL.M. (Bloomington), BA
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Prepare in time with a valid power of attorney. In principle, any adult person can be the authorized representative. As a rule, however, one authorizes persons with whom the authorizer has a trust-based relationship (e.g. spouse, children, grandchildren, etc.). It is also possible to authorize more than one person.
As the name suggests, a lasting power of attorney is signed as a precautionary power of attorney. Should an emergency occur and no power of attorney for precaution exists, an adult representative (formerly known as a custodian) could be appointed, who can make decisions without consultation.
The areas for which the power of attorney is granted can be determined individually. Typical areas include representation before authorities, residential matters, financial matters, and health matters.
The power of attorney may be revoked at any time by the person granting the power of attorney vis-à-vis the authorized representative.
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The grantor of a power of attorney can specify at any time who may act as proxy for them after they lose their capacity to act. A lasting power of attorney is signed as a precautionary power of attorney. Should an emergency occur and no power of attorney for precaution exists, an adult representative (formerly known as a custodian) could be appointed, who can make decisions without consultation.
- Preparation of the individualized power of attorney - Signature appointment before an attorney - Registration in the Austrian Central Directory of Representatives (ÖZVV)
No. However, there are certain legal formalities and requirements that are important to consider.
During a person's lifetime, a will determines how the estate (= the entirety of a person's assets and liabilities) is to be handled.
During a person's lifetime, a will determines how the estate (= the entirety of a person's assets and liabilities) is to be handled.
A Power of attorney (POA) is a legal authorization that gives a designated person the power to act for another person.
When a client and a contractor want to implement a work or a project together, risks and obligations arise for both parties.
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