New Amendments to Adult Protection Law Introduce Personalized Assessment Options
On September 30, 2025, the Austrian Parliament's Justice Committee approved significant amendments to the Adult Protection Law, aimed at enhancing the representation of individuals under guardianship. The changes, driven by a coalition of the ÖVP, SPÖ, and NEOS, will provide more flexible options for those affected by the legislation while adjusting the role of legal representatives.
The amendments, which were supported by all parties in the committee except for the FPÖ, propose an introduction of a self-application right for individuals seeking adult protection. This initiative will allow those affected, along with their support networks, to request a review of their circumstances regarding the need for adult representation. The aim is to ensure that each case is evaluated on an individual basis, reflecting the unique situations of those involved.
Moreover, the amendments will phase out the current mandatory involvement of lawyers and notaries in adult representation by July 1, 2028. This transitional requirement, which has been in place, will be replaced with more adaptable frameworks that prioritize the needs of individuals requiring assistance. Klaus Fürlinger, the spokesperson for the ÖVP in the Justice Committee, emphasized that the new measures would allow for a tailored approach to adult representation, ensuring that the legal system responds more effectively to the needs of vulnerable individuals.
The amendments also introduce the possibility for judges to request social reports regarding the individuals in question, further supporting the assessment process. This step is aimed at reinforcing the judicial oversight of adult representation cases, ensuring that decisions are made in the best interest of the individuals involved.
Through these changes, the government seeks to create a more responsive legal framework, which considers the personal circumstances of those under guardianship. The introduction of both self-application rights and the ability for support networks to suggest reviews represents a shift toward a more inclusive and person-centered approach within the legal system.
As Austria moves toward the implementation of these new provisions, the emphasis remains on enhancing individual rights while ensuring that the legal representation framework remains robust and effective. The planned changes signal a commitment to evolving the adult protection system to better serve those in need of assistance.