Expert dispute

Styrian woman (87) wants her assets back

Valentina Leopold with her lawyer Karin Prutsch-Lang(Bild: Christian Jauschowetz)

After a fall, an adult representative was appointed for a Styrian woman living alone. Since then, she has been fighting together with her lawyer to have the representation revoked so that she can independently dispose of her assets of several 100,000 euros. "I want to be a free person again and donate to animals!"

Single, inquisitive and with a big heart for animals - this is how 87-year-old Valentina Leopold (name changed) from Hausmannstätten could be described. The pensioner wants to donate part of her considerable fortune of several 100,000 euros to animal welfare organizations, as she used to do in the past. However, this has no longer been possible for around two years, as she was given an adult representative after a fall in her home. She now no longer has access to her money and only receives monthly pocket money. 

"It's shameful"
In the course of a psychiatric report by a court expert on behalf of the Graz East District Court, it was determined that Leopold was suffering from dementia. According to this expert opinion, she has deficits in the areas of orientation, attention and short-term memory. She was therefore no longer able to make far-reaching decisions independently. Before the adult representation, however, she managed her life as a single senior citizen very well, the elderly lady explained. "I've been an animal lover all my life. That's why I want to continue to support animal welfare organizations financially," she says.  

I would like to support projects financially where I can say afterwards that I did a good job. After all, you can't take any money with you.

Valentina Leopold

The Graz-based lawyer Karin Prutsch-Lang supports her legally in her fight against guardianship. "It's shameful to have to ask for pocket money and no longer be allowed to make decisions," says the senior citizen about the massive impact on her everyday life. A private report by Viennese neurologist and psychiatrist, Udo Zifko, showed no signs of mental illness or impaired decision-making ability, in contrast to the report by the district court. In November 2023, numerous tests were carried out again at the State Hospital of the Medical University of Graz, which came to the same conclusion. It was even found that Leopold scored above average in the areas of short and long-term memory compared to her age group. 

The 87-year-old animal lover hopes to be able to manage her own money again soon(Bild: Christian Jauschowetz)

Perseverance despite several setbacks
Valentina Leopold's case has already ended up before the Supreme Court three times. The adult representation was confirmed each time. However, the lawyer and her client do not want to give up. That is why new psychiatric tests are to be carried out at LSF Graz and a new application submitted to the district court. "I hope it succeeds. That is my great wish," says the senior citizen. 

The expert opinion that led to the adult representation is not tenable. There are no legal grounds.

Rechtsanwältin Karin Prutsch-Lang

What is also curious is the fact that the elderly lady can very well dispose of her will. "Mrs. Leopold can no longer dispose of her assets during her lifetime, but is entitled to decide what happens to her money after her death," says Prutsch-Lang, explaining the contradictory situation. The lawyer hopes that the new expert opinion, which is to be drawn up soon, will result in a positive outcome for her client after all and that the adult representation can be revoked. 

Those responsible for the case at Graz East District Court were not available for comment today.