Austrian law on advance decisions

The Austrian Patient Decisions Act (Patientenverfügungsgesetz, PatVG) differentiates between binding advance directives and admissable advance directives, which are not binding but should still be used to determine the will of the patient.

The admissable advance directive represents a guideline for the medical practitioner and must be used as an integral part of his or her decision-making process. It should be discussed with a doctor while being drafted, whereby the person concerned must make clear why a given medical intervention is to be excluded. This type of advance decision does not need to be certified by a notary or other legal counsellor.
A binding advance decision only comes into question for people who have already been diagnosed as suffering from a known basic disorder. A precondition for this form of advance decision is that the measures to be excluded are described in full detail, and also that the patient is in a position to form an accurate impression of the consequences of the advance decision on the basis of his or her own experience. It must be made in writing and dated in the presence of a lawyer, a notary or a legally qualified member of a patient representation organisation. A binding advance decision is valid for five years and must then be reconfirmed, whereby the same strict criteria are to be applied.

Patientenverfügungs-Gesetz (PatVG): 55. Bundesgesetz über Patientenverfügungen. Bundesgesetzblatt für die Republik Österreich. Ausgegeben am 08. Mai 2006. (55th federal law on advance decisions. Federal law gazette for the Republic of Austria. Issued on 8 May 2006.) Online Version (German)

General informaion on advance directives in Austria. Online Version

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