Problems in everyday life

“My adult representative won’t give me any money!”

An adult representative usually also has to take care of the financial situation of the person concerned. And there are always problems here.

(Bild: bilderstoeckchen - stock.adobe.com)

What was known until a few years ago as guardianship is now called adult representation. Although the name is new, many problems remain the same. This is because those affected do not always feel properly represented; it is also often difficult for relatives. Lawyers provide information about rights and obligations in this area.

Too stingy, too generous, too incomprehensible - adult representation is often a minefield for everyone involved, according to lawyers Astrid Wutte-Lang from Klagenfurt and Arthur Berger from St. Veit, who answer questions on the subject as part of our Check your rights series.

Krone: I wouldn't want someone else to represent me in my old age!
Wutte-Lang and Berger: You can prevent this by drawing up a power of attorney in good time, in which you specify who will manage your affairs if the worst comes to the worst.

Every month, Carinthian lawyers answer unusual questions on current topics as part of our service series with the Bar Association. This time it's about adult representation - formerly known as guardianship.

(Bild: Krone Kreativ)

Why doesn't a relative always become a representative?
Sometimes it is better not to appoint a relative in order to avoid family conflicts or clashes of interests. In the case of a court-appointed adult representative, there must be no relationship of dependency between the representative and the person being represented.

We think grandpa's adult representative is awful. How do we get rid of him?
Basically, he doesn't have to suit you, but the person concerned! However, close relatives can appeal against the appointment decision. Otherwise, the proxy is limited to three years, is reviewed and can also be "terminated".

My mother's representative bought a very expensive mattress a few weeks before she died - completely free of charge. Is he allowed to do that?
It's about the well-being of the represented person, not about your inheritance! He had to make decisions that benefit the mother's quality of life - but of course heirs benefit from responsible asset management.

My representative begrudges me nothing and has put me in a moldy apartment because he claims he needs to save money. What for?
Adult representatives are not financial supporters, but can only manage the assets that are there. Unfortunately, without money there is no luxury apartment. If you are not happy with the situation, contact the guardianship court.

Adult representation: Replaced guardianship in 2018 and means that people who are no longer fully capable of making decisions - for example due to mental impairment caused by an accident or illness - are formally supported.

Who becomes a representative? The wishes of the person concerned must be taken into account when appointing a representative and, if possible, it should be someone close to them. However, the appointment is made by the court; often neutral persons are also appointed.

My father disinherited me - and was placed under guardianship the following year. Is the will invalid?
You can't say that across the board. It depends on whether he was still capable of making a will, i.e. whether he knew and understood what he was doing. Testamentary capacity is not the same as legal capacity.