Best Elder Law Lawyers in Austria

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Founded in 1974
3 people in their team
English
Dr. Matthias König is a Vienna-trained attorney holding a doctorate in law from the University of Innsbruck and practices under the banner Rechtsanwalt Dr. Matthias König. He is a long-term member of the Treuhandverband of the Tyrolean Bar and works together with Mag. Hubertus P. Weben and Dr....

Founded in 2004
2 people in their team
English
Mag. Karin Leitner is a sole practitioner attorney based in Leoben, Austria, offering extensive experience in both civil and criminal matters. She began practicing as an independent attorney in 2004 and, after acquiring the long standing law firm of Dr. Diethard Kallab in 2005, continued to grow...
JAEGER & Partner
Linz, Austria

Founded in 2013
50 people in their team
German
English
Since 2013, our law firm has had a completely new look at its location at Hauptplatz 30. We have chosen a property that matches our personality and philosophy. The revitalized old building on Hauptplatz in Linz is a successful combination of tradition and modern office architecture.However, the...

Founded in 1999
8 people in their team
English
Marschitz, Beber & Studeny Rechtsanwälte is a well established Austrian law firm based in Mistelbach, specializing in builder contract law, real estate law and residential property matters. The team provides practical, client focused guidance on property transactions, development projects and...

English
Rechtsanwaltskanzlei Bergt is a boutique law firm with offices in Austria and Liechtenstein, led by Dr. Peter Bergt. The firm specializes in corporate and commercial matters, real estate transactions and dispute resolution, complemented by a strong private client practice covering inheritance and...

English
ASPIDA - Rechtsanwalt Graz is a distinguished Austrian law firm renowned for its comprehensive legal services across various practice areas, including bankruptcy, civil law, estate planning, family law, labor relations, and trial advocacy. The firm primarily serves small and medium-sized...

Founded in 2002
60 people in their team
English
ScherbaumSeebacher is an internationally active Austrian full-service law firm with two offices in Graz and Vienna, offering capabilities across insolvency and restructuring, corporate and M&A, banking and capital markets, private clients, damages and tort, labour and employment, real estate and...

Founded in 2023
2 people in their team
English
Based in Linz, Scheutz Wolf Rechtsanwälte OG provides legal services in Employment and Labor, Real Estate, Family and Private Client matters for clients in Linz and the Salzkammergut region. The two managing partners are Mag. Wolfgang Scheutz and Mag. Doris Wolf, who bring complementary expertise...

Founded in 1985
3 people in their team
English
Autherith | Samek | Imre is an Austrian law firm with offices in Krems an der Donau and Vienna. The Krems location has operated since 1985, and a Vienna presence was established in 2020 to better serve clients across the region. Led by Dr. Alois Autherith LL.M., Mag. Rainer Samek and Mag. Michael...
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About Elder Law in Austria

Elder Law in Austria encompasses a range of legal issues affecting older adults, including estate planning, guardianship, social security, healthcare rights, and elder abuse protections. Given Austria's robust social welfare system, Elder Law practitioners also focus on navigating the complex interplay between public benefits and private resources.

Why You May Need a Lawyer

People often seek legal advice in Elder Law for several reasons:

  • Estate Planning: Crafting wills and trusts to manage one's estate after death.
  • Healthcare Decisions: Setting up healthcare proxies and living wills to outline medical wishes.
  • Guardianship: Establishing legal authority for decision-making if a loved one becomes incapacitated.
  • Elder Abuse: Protecting vulnerable seniors from physical, emotional, or financial abuse.
  • Retirement Benefits: Navigating pension laws and ensuring compliance with Austrian retirement regulations.

Local Laws Overview

Austria’s legal system provides comprehensive protections and rights for elderly citizens:

  • Inheritance Law: Under the Austrian Civil Code (ABGB), residents have specific rights about inheritance, including obligatory shares for close relatives.
  • Legal Representation: The Adult Protection Law offers four types of adult representatives, from preventative to judicially appointed, to safeguard interests.
  • Healthcare Rights: Austrian law encourages advance healthcare directives and patients' rights, ensuring that seniors' healthcare preferences are respected.
  • Anti-Discrimination: Laws protect elderly citizens from age-based discrimination in various life aspects, including employment and healthcare services.
  • Social Assistance: Senior citizens can access social benefits and allowances to support their living needs under stringent legal criteria.

Frequently Asked Questions

What is the role of an adult representative in Austria?

An adult representative assists or makes decisions on behalf of an adult unable to manage their affairs. There are several types, ranging from voluntary to court-appointed, ensuring appropriate support tailored to the individual's needs.

How does one establish a living will in Austria?

A living will, or "Patientenverfügung," must be drafted with a healthcare professional and can be certified by a notary to ensure it is formally recognized and enforceable.

What are the inheritance laws regarding obligatory shares?

Close relatives, such as children or a spouse, have entitlement to a mandatory portion of an estate, known as the "Pflichtteil," despite the contents of a will.

Can elder abuse cases be reported anonymously?

Yes, reports of elder abuse can be made anonymously to the police or local authorities to protect the vulnerable without exposing the reporter.

Is it necessary to go to court to appoint a guardian for an elderly family member?

Not always. If there is a valid power of attorney or a voluntary advocate in place, court involvement may be unnecessary unless disputes arise.

How are retirement benefits determined in Austria?

Retirement benefits depend on factors like employment history, age, and contributions to the social security system. Personalized assessments are available through the Austrian Pension Insurance agency.

What recourse do I have if my elderly relative faces discrimination?

You can file a complaint with the relevant anti-discrimination board in Austria, which offers mediation services and legal support.

Are healthcare services for seniors covered by insurance?

Most senior healthcare services are covered by Austria's public insurance, but additional private insurance can further augment coverage.

What is the “Erbrechtsänderungsgesetz"?

This refers to the Inheritance Law Amendment Act, modifying inheritance statutes to adapt to modern family structures and priorities.

How can I challenge a will in Austria?

Challenging a will usually involves proving undue influence, incapacity, or fraud, and must be pursued through the court system with legal representation.

Additional Resources

Explore the following resources for more information:

  • Austrian Pension Insurance (Pensionsversicherungsanstalt)
  • The Austrian Federal Ministry of Social Affairs, Health, Care, and Consumer Protection
  • The Consumer Protection Association (Verein für Konsumenteninformation)
  • The Austrian Bar Association for legal representation guidance

Next Steps

If you or a loved one requires Elder Law assistance, consider these steps:

  1. Evaluate your specific needs related to Elder Law.
  2. Contact a certified Elder Law attorney for initial consultation.
  3. Gather relevant documents such as wills, health directives, and financial statements.
  4. Visit an agency like the Austrian Bar Association to find competent legal representation.
  5. Stay informed about your rights and options through local legal aid organizations.

Lawzana helps you find the best lawyers and law firms in Austria through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Elder Law, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.