magazine PROFILE, 23 October 2009
under guardianship
justice. In Austria, the number of people who get an attorney, fast. For cost reasons, only a few specialists are employed. Complaints are piling up.
By Otmar Lahodynsky
In nursing homes and hospitals the risk is greatest. Even at low signs of confusion can be opened on an older person is a "Sachwalterschaft process. In the "initial hearing" it's enough sometimes, not knowing how much a loaf of bread costs, as the President is or what a guardian. Is then a corresponding (psychiatric) opinion before, one is its capacity and can go dispose of his property is no longer himself. The final stage of life most of the "Besachwalterung" has begun. The Ombudsman and seek medical care
Werner Vogt sounds the alarm: "In no country in the EU lose as many people as quickly and as easily as their civil rights in Austria. This is actually a madness. "
The number of people who received the court appoint a trustee assigned - until 30 years ago used the term" interdiction "- increased this year to more than 50,000, the majority of which comprises older people. Every year about 8000 new cases is rising.
A visit Vogts in the system operated by the municipality of Vienna retirement home in YBBS confirmed his thesis. "There are already three quarters of the inmates besachwaltet. In a comparable home in Switzerland, I was only ever one person in front of a trustee. "
Vogt suggested that because the convenience of the judge or home operator is to blame. Things like that Walter would not - as is possible under the law - ordered only for a specific area, but for all circumstances. Vogt: "Of course it is easier if you take away all the senior citizens equal rights. And the trustees, it is best when the old people live in a home. So you have to very often with burdensome Members involved. "
The law does indeed, that as close family members to be appointed to trustees, but this is not always followed. In judicial ombudsman or the ombudsman complaints pile up therefore. Thus, there are actions that would authorize enough money for personal purchases.
Specially trained advocate, in Austria four clubs, such as offering the VertretungsNetz, rar, for budgetary reasons. Therefore, the judges continue to entrust lawyers and notaries, to the affected people can often spend very little time.
addition, a general communication problem. "Older people find it already difficult to tell at times they want the lawyers, "says Peter Mader, Sachwalterschaft expert of the pensioners association. "And such an advocate often viewed by only once a month."
This profile cases illustrate the problem of the amended Act in 2006 (see box)
fight over money
The Cultural manager Brigitte Martzak their 91-year-old mother Adele cares for over two years in their home in Mödling. But over a year ago, the District Court Mödling the old lady to a trustee. The occasion was a display of the second daughter, her sister inadequate care of the mother accused. The judge, while acknowledging that during a visit to the old lady was well supplied. Because of the dispute between the daughters, but she recommended the use of a provisional trustee, a lawyer Baden.
"The judge promised me that I can be after three months advocate Erin and regulate the lawyer now all out. The only reason I agreed, "says Martzak.
But now began the conflict. "Since my mother was placed under guardianship, I must for every purchase that needs my mother, ask the lawyer for permission. Otherwise I get no money. "
Whether it was an additional electric heater, or only about the allocation of a dining out on Sunday. "I then hear that the proceeds are not financially, but it involves two high pensions," said Martzak: "If I had not organized the care, she had long been in a home."
funded since the woman Besachwalterung Martzak care for the mother in advance itself
"I have for this year alone so far spent € 7800 and it will be returned only in 2000 €" complains Martzak. A presentation that rejects the Judge Barbara Bart.
"The claims that the woman Martzak for the care of their mother presents are quite excessive and reality. It received a very large Aliquotzahlung.
Martzak woman countered: "I charge for all my care visits made this year through October was flat with 5000 €, but it received nothing." A fall of the mother makes it necessary recently a 24-hour care. Only this Slovak nurses paid by the Trustee in its entirety.
"I must seek the approval for major expenditures of the court. This will take up his time, "says attorney Karl Mayer against profile, which refers to its otherwise secrecy.
Another dispute concerns the Viennese Christine Goetz. She takes care of their 80 year old parents who still live independently in their home in Vienna Meidling. After a hospital stay due to a heart attack, his father was admitted to a nursing home. There was no knowledge of the daughter a Sachwalterschaft applied successfully.
"From then on began my fight against constant humiliation of my parents and myself," said Mrs. Goetz. She reached the transfer of their father from the home back into the familiar apartment. Shortly thereafter, was also appointed to the mother by the district court administrator. to take "all against the wishes of my parents and to my willingness to Sachwalterschaft for my parents, as well as the law for Members of providing "
Locked out. Before Christmas, the father wanted to buy winter boots and get a gift for his wife. But the trustee, a Viennese lawyer granted, just a bag of money. (Sage?)
"What's that old age for elderly people who have worked hard all their lives if they have to beg for their own money?"
