Establishment is subject to formal requirements – the advance power of attorney can therefore only be drawn up in person and in writing before a notary, lawyer, or the adult protection association. Failure to comply with the formal requirements renders the power of attorney void. If the principal is wealthy – for example, if they own a business or real estate – the establishment must be carried out by a notary or lawyer. Additionally, the advance power of attorney must be entered into the ÖZVV.
The principal has the right to prohibit the agent from passing on the power of attorney and can also appoint representation by multiple persons.
