Patient rights and advance healthcare directives in Austria in 2026

Patients’ rights in Austria are protected by law and apply not only in hospitals, but also in pharmacies and at general practitioners’ practices. If you want to record in advance which medical treatments you refuse in case you can no longer decide for yourself, you can make an advance healthcare directive (Patientenverfügung). This guide explains the difference between binding and non-binding directives, how long they remain valid and where you can seek help if your rights are breached.

Key points

• Patient rights in Austria are protected by law and summarised in the Patient Charter (Patientencharta).
• Before making a binding advance healthcare directive (verbindliche Patientenverfügung), you need comprehensive medical information. It must be made before a lawyer, notary, a legally qualified member of the patient representation service or a legally qualified member of an adult protection association.
• A binding advance healthcare directive is valid for 8 years, unless you specify a shorter period.
• You can withdraw it personally at any time.
• Every province has a patient advocacy office (Patientenanwaltschaft), whose staff are subject to confidentiality.

What rights do you have as a patient in Austria?

Patient rights apply in dealings with healthcare institutions and healthcare professionals. These include hospitals, outpatient clinics, rehabilitation centres, ambulance services, pharmacies, private medical practices, nurses, midwives and physiotherapists.

The main areas of protection include:

• Right to treatment and care: regardless of age, sex, origin, wealth, religion or the type and cause of an illness, treatment must correspond to the state of scientific knowledge and include the best possible pain relief.
• Respect for dignity: this includes protection of your intimate and private sphere, religious care during inpatient treatment, protection of health data, the right to accept or refuse visitors, naming a trusted person and a dignified death.
• Self-determination: you must receive prior information about examination and treatment options, their risks and their consequences. Treatment may only take place with your consent, except where you cannot be contacted and delay would create a risk.
• Information and documentation: you must receive prior information about costs and may inspect medical documentation, such as X-ray images. You can request copies without giving reasons, although you may have to pay the cost in some cases.

For children, information must be adapted to their level of development. Up to the age of 10, a companion must be able to stay with a child during a hospital admission. If this is not possible, extensive visiting rights must be provided.

What is a Patientenverfügung?

A Patientenverfügung is a written declaration of your wishes in which you refuse a medical treatment in advance, such as life-prolonging interventions. It takes effect if you are no longer capable of making decisions when the treatment would otherwise be provided, for example because you are unconscious.

It is important to note that this is not a will because it applies during your lifetime, not after death.

Other advance declarations include a power of attorney for future incapacity (Vorsorgevollmacht) and an objection to organ donation (Widerspruch gegen eine Organspende).

Binding or non-binding advance healthcare directive?

The Advance Healthcare Directive Act (Patientenverfügungs-Gesetz, PatVG) distinguishes between two forms:

Binding directive (verbindlich)

• Effect on doctors: doctors generally have to follow it.
• Requirements: comprehensive medical information, a written and dated document, and completion before a legal professional.
• Validity: 8 years, or a shorter period if you choose one.

Non-binding directive

• Effect on doctors: it does not bind the doctor, but must be taken into account when determining your wishes.
• Requirements: there are no separate formal requirements.

In a binding directive, the treatments you refuse must be described specifically or be clearly apparent from the document as a whole. It must also be clear that you have properly understood the consequences of the directive.

How and where can you make a binding directive?

1. Obtain medical information: this must be comprehensive and include the meaning of the directive and its consequences for treatment.
2. Put the directive in writing and date it before one of the following:
3. a lawyer (ÖRAK);
4. a notary (ÖNK);
5. a legally qualified member of the patient representation service (Patientenvertretung);
6. a legally qualified member of an adult protection association (Erwachsenenschutzverein).

On request, the directive can be entered in the Advance Healthcare Directive Register (Patientenverfügungsregister) of the Austrian Chamber of Notaries or the Austrian Bar. Hospitals in Austria can access these registers nationwide. The notarial register operates in cooperation with the Austrian Red Cross.

How long is it valid, and when does it cease to apply?

A binding advance healthcare directive is valid for 8 years, unless you specify a shorter period. After that, it must be confirmed, which requires medical information again. A change or addition counts as a renewal, restarting the 8-year period. If the directive is registered, the person before whom the renewal takes place must also record the renewal in the register.

If you cannot renew the directive because you lack decision-making capacity, it remains binding even after the period has expired.

It ceases to apply if:

• it was not made freely or seriously;
• its content is not permitted under criminal law;
• the state of medical science has changed substantially in relation to its content.

Where can you turn if your patient rights are breached?

Every province has a patient advocacy office (Patientenanwaltschaft). These ombuds institutions protect patients’ rights in disputes with hospitals in every province. In most provinces, they also deal with private medical practices and nursing homes. Some hospitals have their own complaints office, and some health insurance funds also handle complaints.

• Vienna: Wiener Pflege-, Patientinnen- und Patientenanwaltschaft — +43 1 5871204
• Lower Austria: Patienten- und Pflegeanwaltschaft — +43 2742 900 515 575
• Burgenland: Patienten- und Behindertenanwaltschaft — +43 57 600 21 53
• Upper Austria: Patienten- und Pflegevertretung — +43 732 772 014 2 15
• Styria: PatientInnen- und Pflegeombudsschaft — +43 316 877 3350

If you suffer harm in a public or non-profit hospital, you may in certain cases receive compensation from the Patient Compensation Fund (Patientenentschädigungsfonds). The patient advocacy office conducts the procedure, which is free of charge.

Frequently asked questions

Can I withdraw my advance healthcare directive?

Yes. You can withdraw it at any time, but only personally.

Can I specify my funeral arrangements in the directive?

A body is not part of the estate, and close relatives decide on the funeral. You can express wishes for after your death, but they must not conflict with public-law requirements. For body donation, you can contact the medical university in Vienna, Graz or Innsbruck. It is advisable to inform your relatives or general practitioner about this.

Can I request a copy of my medical documentation?

Yes, without giving reasons, although you may have to pay the cost in some cases.

Are patient advocates bound by confidentiality?

Yes. Staff of the patient advocacy offices are subject to confidentiality.

Practical steps

1. Consider which treatments you would refuse if you later became unable to make decisions.
2. Discuss the directive and its medical consequences comprehensively with a doctor.
3. For a binding directive, prepare and date it before a lawyer, notary, legally qualified member of the Patientenvertretung or legally qualified member of an Erwachsenenschutzverein.
4. Ask for the directive to be entered in the Patientenverfügungsregister if you want it registered.
5. Keep your trusted person, relatives and general practitioner informed about the directive.
6. If you believe your rights have been breached, contact the Patientenanwaltschaft in your province. Patient advocacy staff are bound by confidentiality.

Note: This article is based on information available online and does not constitute advice. Use of the information is at your own responsibility. For professional advice, contact a lawyer, legal professional, healthcare professional or another relevant specialist.

Source: oesterreich.gv.at