Best Elder Law Lawyers in Austria

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RA Mag. Andreas Hörmann
Graz, Austria

3 people in their team
English
RA Hörmann & Müller Rechtsanwälte is a Graz-based law firm with a clear focus on civil and criminal law. The team concentrates on civil litigation and process, consumer protection and class actions, criminal defense and adult guardianship. The practice blends precise legal analysis with digital...
Hartberg, Austria

Founded in 1778
English
Kulac & Carli Rechtsanwälte is a Hartberg based law firm with a lineage dating back to 1778. Led since 2014 by Mag. Selma Mauerhofer-Kulac, the firm blends a long tradition with contemporary legal practice to deliver reliable, client-focused representation across a broad range of matters. The team...

Founded in 2020
7 people in their team
English
Chyba & Engelmayer Rechtsanwälte OG is a St. Pölten and Vienna based law firm founded in 2020 and led by two experienced lawyers who combine specialist knowledge in insurance, damage claims, family law and inheritance matters. The firm advises both corporate and private clients across Austria,...

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...
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...

English
Kanzlei Mag. Alexander Lirk, Mag. Florian Möstl Ges.b.R. is a Braunau am Inn based law firm in Austria that serves both private clients and businesses with careful legal guidance across a broad spectrum of matters. The two attorneys bring long standing experience in Austrian law and regularly...

Founded in 2024
6 people in their team
English
GOLDA-ZENZ RECHTSANWÄLTE GmbH combines long-standing local experience with a compact, specialist team based in Mondsee, Upper Austria. The practice is led by Dr. jur. Rafaela Golda-Zajc, who has practiced in Mondsee since 1988, together with Mag. jur. Bernhard Zenz; the firm presents a continuity...

English
Rechtsanwalt Salzburg | Mag. Sanela Schaidreiter is a distinguished law firm located in Salzburg, Austria, specializing in a comprehensive range of legal services. The firm offers expertise in areas such as labor and social law, family law, tenancy and condominium law, contract law, and civil law....

4 people in their team
English
Rechtsanwaltskanzlei Mag. Kaspar Strolz is a Schwaz-based law firm specialising in real estate, contract and corporate matters with additional capabilities in insurance, construction and dispute resolution. The practice markets focused expertise in Immobilienrecht, Baurecht, Mietrecht and...

5 people in their team
English
em. Reinisch & Grössbauer Rechtsanwaltskanzlei is a trusted Austrian law firm based in Leibnitz that concentrates on personal and business legal needs, delivering practical, outcomes focused solutions across family, real estate, inheritance and corporate matters. The firm emphasizes a client...
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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.