"Clearing" Upon Request: Amendments in Adult Protection Adopted

People who are no longer fully capable of acting and have a court-appointed adult representation (formerly "guardianship") should in the future have the right to apply, and their care environment should have the opportunity to suggest renewing this adult representation. The National Council today voted in favor of the "Adult Protection Adjustment Act 2025," through which the affected person, their representation, or caregivers can initiate a "clearing" to review the current life situation.

Several Adjustments in Adult Protection Law

The legislative amendment was preceded by the indication that the last changes in adult protection with the Budget Accompanying Act 2025 could lead to a potential deficit in legal protection. The future possibility to apply for the renewal of court-appointed adult representation is to be introduced in addition to the court's ability to obtain a social report on the affected person during the proceedings. Furthermore, the obligation of lawyers and notaries to take on court-appointed adult representations should only apply temporarily to manage the current emergency - the "Sunset Clause" sets the deadline as July 1, 2028. Before that, according to the proposal, a comprehensive reassessment of adult protection law will be necessary to avoid further emergencies like the current one.

A comprehensive amendment proposal submitted by the Greens did not find a majority. They criticize that the amendment only reverses parts of the "deteriorations" caused by the Budget Accompanying Act. The extension of the statutory review period from three to five years and the elimination of mandatory clearing remain unaffected. Therefore, with the amendment proposal, the Greens want to restore the legal situation before the Budget Accompanying Act 2025 from January 1, 2026, and for the Ministry of Justice to seek "genuine sustainable solutions" with those affected and self-representatives in the existing working group.

Greens and FPÖ Continue to Criticize Reform of 2025

This amendment, but not the bill, was supported by the Freedom Party. The review period of three years was essential to prevent cases of abuse, explained Harald Stefan (FPÖ). The extension to five years was not for substantive reasons, but - "at the expense of those affected" - for cost-saving reasons, as the federal government had not been able to "budget properly." Therefore, the legal profession and notaries now also have to "bear the burden," said Stefan.

Ralph Schallmeiner (Greens) agreed with Stefan's criticism and referred to the 2025 Budget Accompanying Act as a "step backward" in adult protection. However, his faction supported the bill because it included improvements over the current situation.

The federal government has been in office for seven months and is repeatedly accused of the failures of previous governments, Selma Yildirim (SPÖ) pointed out. The fact is that there are more and more people in need of representation, but fewer and fewer people in their social environment willing to take on this task. Therefore, the decision before the summer relied on law firms. This is a "stopgap solution," as Jakob Grüner (ÖVP) also admitted. Lawyers and notaries now have to deal with non-legal matters, for which a psychological education would be needed. Therefore, the "sunset clause" is a "good solution," as Elke Hanel-Torsch (SPÖ) and Stephanie Krisper (NEOS) emphasized.

Government Defends Transitional Solution

Justice Minister Anna Sporrer pointed out that the federal government, with the 2025 Budget Accompanying Act, took responsibility for a budget gap it did not cause - "at least not the Social Democrats." However, the measures contained therein had not only financial but also substantive reasons. For example, the extension of the review period was also implemented because it would not be sensible to review the possible termination of adult representation every three years for patients in a vegetative state or those with dementia, explained Sporrer. The current bill raises the protection standard for those affected.

(APA/Red)

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