Austria , officially the Republic of Austria is in central Europe. Its total area of 84 000 km² or 32,000 sq. mi. Austria's population estimate in October 2006 was 8,292,322.

A complete description of the Austrian Health Care System available online at:

World Health Organization - Regional Office for Europe

Advance Directives in Austria are legally binding documents since the 55^th Federal Act on Living Wills (Living Will Act - Patientenverfügungsgesetz - PatVG) law came into force in 2006.

Living wills in Austria can be named as:

• Patientenverfügung
• Patiententestament

The Austrian Law provides two types of Living Will: the binding living will and the non-binding living will.

The binding living will: In the case of a binding will, if the patient is no longer able to understand the situation or to make a judgement and/or is unable to express himself, the doctor has to respect the living will and under no circumstances is allowed to carry out the measures which the patient has refused.

The conditions for the drafting of a living will are as follows:

• The living will needs to be drafted by writing and by indicating the date in presence of an attorney, notary or legally trained associate of the patient advocacies.
• Personal execution and submission of the ability of the applicant to comprehend and make a judgement
• Medical information
• Refusal of certain medical treatment
• The Living will shall not lose its binding character as long as the patient is not able to renew it because of an incapacity to understand, judge or express himself/herself.

The Non-Binding Living Will : If one of the above mentioned conditions for a binding living will is not fulfilled, the will is then non-binding. However, the greater the number of conditions which are fulfilled, the more likely it is that a doctor will consider it binding.

In all cases, the binding living will serves as an aid for the doctor to indicate the will of the

patient. If the binding will does not fulfil all the conditions listed above, a legal agent will be ordered whose task is to ensure that the wishes of the patient, contained in the living will, are taken into account.

Both documents have the following features:

• They must be renewed every 5 years, unless the patient has defined a shorter expiry date. Any supplementary amendment of the contents shall be considered as a renewal.
• Living wills can also be renewed or revoked at any time.
• The informing and the attending physician shall include living wills in the clinical records, or if they are drawn up outside a hospital, in the medical history.
• It is possible to appoint a healthcare proxy, this appointment should by drafted by a lawyer, notary or at a court.

If a patient is no longer able to comprehend and/or able to make a judgement and has a proxy decision-maker (the confirmation of the registration of the validity of the health care power-of-attorney in the Austrian Central Register of Representatives has to be submitted) this proxy has to act according to the will of the principal (patient) and to allow or reject medical treatment. The proxy decision-maker cannot transfer the power-of-attorney for consent to medical treatment. There is no official registry of ADs in Austria, but plans to set up a central electronic registry are discussed in Austria.

Less than 4% of the general population have completed a living will (Survey in the general population in 2009). Currently there is no general register of living wills in Austria and no obligation to register a living will. There are two registers, one run by the Austrian association of lawyers, one by the Austrian notaries, both can be accessed by hospitals through a joint online platform run by the Austria Red Cross.

Living wills in Austria are regulated by law since the 55^th Federal Act on Living Wills (Living Will Act - Patientenverfügungsgesetz - PatVG) came into force 1^st of June, 2006.

The conditions for the drafting of a living will are as follows:

• The living will needs to be drafted by writing and by indicating the date in presence of an attorney, notary or legally trained associate of the patient advocacies.
• Personal execution and submission of the ability of the applicant to comprehend and make a judgement
• Medical information
• Refusal of certain medical treatment
• The Living will shall not lose its binding character as long as the patient is not able to renew it because of an incapacity to understand, judge or express himself/herself.