Like the VertretungsNetz, Ombudsperson Bernhard Achitz also sees major gaps in the prevention of adult guardianship: “Legally required measures, such as support groups, are often lacking. Self-determination, however, should be promoted as far as possible. Adult guardianship must only be a last resort.” The Second Adult Protection Act was an important step, but it also provided for substantial support services from the federal states to render adult guardianship unnecessary – yet the federal states have done far too little to implement this. At federal level, too, cuts to adult protection services have repeatedly been under discussion. Achitz: “Human rights must not be a matter of budget, however,” says Achitz.
Ex officio investigation revealed a lack of action by the federal states
The Austrain Ombudsman Board therefore conducted an ex officio investigation two years ago to enquire about the measures taken by the federal states. This revealed that in some cases even measures required by law were not being implemented. For instance, there is often a lack of support networks designed to enable those affected to manage their own affairs as far as possible. This affects all possible areas of life; in the case of medical treatment, however, such a support network is required by law. Only when the support network fails to enable the individual to make decisions should an adult representative be called upon. “As our observations – and now those of VertretungsNetz as well – show, nothing significant has changed since then,” said Achitz.
Care home contract only with an adult representative
The lack of awareness regarding self-determination is also evident from the fact that some institutions require an adult representative for the admission of people with disabilities. “We also receive repeated reports of this from care homes for the elderly and nursing homes, even though the individuals concerned are capable of making decisions at that stage. Apparently, some operators simply want to make things easy for themselves and prefer to consult only the adult representative when it comes to matters such as medical treatment – rather than utilising all the options for supported communication to act in accordance with the wishes of the individuals concerned.”
The UN Convention on the Rights of Persons with Disabilities also applies to the federal states
To demonstrate that the human rights of people with disabilities are taken seriously in Austria, appropriate measures must be initiated as soon as possible. “This is also required by the UN Convention on the Rights of Persons with Disabilities, which Austria has committed to implementing. And this obligation naturally applies to the federal states as well,” said Achitz.
People are complaining to the Ombudsman’s Office that they are required to appoint an adult representative in order to secure a place in a care home, even though they are capable of making decisions for themselves