A living will is the expressed will of a person who wishes to exclude a certain medical treatment if at the time of treatment that person is not capable of comprehension, judgment or communication. We counsel clients on the essence and legal consequences of such a living will, on the possibility of cancelling it at any time and the necessity of renewing it after five years. The compilation of a living will must be preceded by a thoroughgoing medical examination and it must be signed by the doctor. The person is made aware that a binding living will then must be heeded by the doctor treating the case even if it leads to the death of the patient. Furthermore, the patient must also be made aware that the doctor is not permitted to consult with family members in such a case. Thus, we bear the responsibility that the person is aware of the wide ranging consequences and effects which such a legal instrument encompasses.
A living will must be written by hand by the person and by his or her lawyer.
A living will can be entered into the electronic certificate archives and registry of lawyers, making it safe from loss.
In such a case, the person who grants a power of attorney bestows a person of his or her trust with the power of attorney in case he or she should temporarily or permanently become incapable of acting for himself or herself, through accident, illness, etc.; and taking care of any and all matters for the care of that person (residence, health, assets, banks, administrative agencies, etc.).
This power of attorney for personal care prevents a court appointed person who may not be approved by the person involved from making decisions which may not suit the interests of the person, rather than a person who is near to the victim of such incapacity and who enjoys the trust of that person.
The necessary certificate for this power of attorney for personal care is drawn up by us and must then be written out by hand. The certificate can be filed in the electronic archives and registry of lawyers, thus protecting it from loss.
We compile, when requested by clients, in accord with their wishes, their will and testament and final dispositions, which are then kept in our bank safe in the original form or filed in the electronic certificate archives with our authorised signature as well as deposited in the will registry of the lawyers.
This has the decisive advantage that the original is protected and cannot be subverted. In case of death, the notary entrusted by the court will request the will from the testament registry.
The Austrian lawyers have electronic certificate archives where certificates and documents with our authorised signature preserve the legal quality of the originals to an extremely high degree and which can be activated quickly and inexpensively.
The electronic certificate archives permit safe and secure recording and inquiring of data through those authorised to do so as well as certificate and document traffic with courts (property register, company register, etc.). The authenticity of documents is guaranteed by a safe digital signature.
We are members of the Trustee Association of the Tyrolean Bar Association, which has established the electronic trustee handbook for purposes of transacting trustee business.
All contracts with which we are entrusted which exceed a monetary value of € 40,000 must be registered with the Tyrolean Bar Association and given running numbers, bank connection, legal status, amout of the trustee sums, prospective dates of fulfillment, etc. In accordance with the trustee, the name, address and account number of both trustee and beneficiary are also registered.
The lawyer must deposit the money into a specially designated account for this purpose. The money movements are subject to random checks and controls by the Tyrolean Bar Association. This association also has insurance coverage, to which we are part, which covers the trustee sums to certain limits.