The adult representative order allows the affected person a certain degree of self-determination regarding the appointment of a judicial adult representative. Thus, any sufficiently decision-capable person can designate someone in such an order to act or not act as their adult representative. The order must be drawn up in writing before a notary, lawyer, or employee of an adult protection association and must be entered into the ÖZVV (Austrian Central Representation Register). Entry must be rejected if there are doubts about decision-making capacity.
The person designated as the representative is then to be considered by the court as the priority choice for appointment as a judicial adult representative. On the other hand, a person excluded from representation cannot be appointed as a judicial adult representative. The order does not provide a binding determination as with an advance power of attorney or elected adult representation but rather expresses a wish, which the court should consider if possible. Essentially, this means that the designated person is to be appointed as the judicial representative if they have the necessary suitability at that time and their appointment appears appropriate in view of the needs of the person under protection.
An existing order can be revoked at any time.
