Representation network for Inclusion Day: Mixed conclusion after five years of the Adult Protection Act
Vienna (OTS) – The 2nd Adult Protection Act is considered a positive example for promoting the rights of people with disabilities. This was also highlighted during Austria’s state review of the implementation of the UN Convention on the Rights of Persons with Disabilities (UN-BRK). When the Adult Protection Act came into force in 2018, there was a peak of around 52,700 guardianships in Austria. Five years later, the number of “judicial adult representatives,” as they are now called, has fallen by 34% to just under 35,000.
Approximately 6,000 people currently have legal adult representation at representation network. The adult protection association also offers advice and training on the topic and, on behalf of the courts, determines whether adult representation is really necessary (“clearing”). RepresentationNetz welcomes the decline in court adult representation as one of the goals of the ambitious reform. However, there is no reason to celebrate:
“In parallel with the decline in judicial representation, the number of ‘legal adult representation’ is increasing. The number of representations that came about without the person concerned having a say has increased significantly by almost 17 percent in the last five years.”
says Martin Marlovits, deputy. Head of Adult Representation Department at representation network.
In the last five years, around 26,500 legal adult representatives have been registered across Austria. Next of kin can register as a “legal adult representative” if those affected are no longer able to elect an adult representative, for example because dementia has already progressed too far. The person represented has the right to object, but does not have to expressly agree to the representation.
The situation is different with “elected adult representation”, where those affected with only slightly limited decision-making ability can (still) independently choose their adult representative. There are already 8,120 such representations in Austria, and fortunately the trend is increasing. Two thirds of these were set up by one of the four recognized adult protection associations.
Support is missing
In total, there are currently almost 70,000 adult representatives in Austria. “According to the law, however, there should be no adult representation if support is sufficient to be able to manage one’s own affairs despite limited decision-making ability. Unfortunately, the offer from the federal states remains inadequate. For example, there is a lack of services such as personal assistance for people with mental illnesses and community-based offers for supported decision-making. Access to authorities is also associated with many barriers and prevents a self-determined lifestyle.”
notes Marlovits.
The UN Committee on the Rights of Persons with Disabilities has repeatedly recalled that the Convention on the Rights of Persons with Disabilities applies to all parts of a federal state. The state governments are therefore called upon to act in the same way. “While a comprehensive strategy for de-institutionalization with real inclusion of people with disabilities is missing, the federal patchwork carpet continues to be woven. Social and disability benefits are only provided selectively and inadequately.”
criticizes Marlovits.
Self-determination and inclusion fail in practice: For example, the right to freely choose one’s place of residence formulated in the UN CRPD comes to nothing if mobile services are not sufficiently developed or too expensive. People in need of care with a minimum income or with an average old-age pension without savings often have no choice but to move into a home – the most expensive option for the state.
Evaluation is ongoing
An evaluation of the Adult Protection Act is currently underway in the Ministry of Justice. It is intended to ensure that the reform goals are not undermined. Practice shows that the intention of the law – more autonomy and self-determination – has not yet been sufficiently received by political decision-makers, authorities, banks and the health system.
Relatives often come to Representation Network seeking advice when they experience that non-family legal adult representatives are not acting in the best interests of their clients. If those affected are no longer able to express themselves in court due to their impairment, relatives have no recourse. What is needed here is an independent complaints office that investigates any allegations and helps people to exercise their right to be adequately represented.
Questions & Contact:
Ms. Karina Lokosek, BA
Representation network – public relations
+43 676 83308 8173
carina. locos@vertretungsnetz.at
www.vertretungsnetz.at