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Prerequisites

• Absent adult person
• The property matter to be regulated involves an adult person whose whereabouts are generally unknown and not only to the applicant.
• Need for care
• The regulation of the property matter must be necessary

Documents required

• Written Application
• Reason
• Documents relating to your own investigations

Please note

Please note:
Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
Affordable legal advice for people with low incomes is provided by the Public Legal Advice (ÖRA).

Deadlines

No.


In some cases, deadlines are set by the matter to be regulated, for example the renunciation of an inheritance.

Procedure

• Submit a written request for the appointment of an absentee carer.
• Give reasons for your request.
  • In the justification you must describe the financial matter and the need for care.
  • Before you submit the application, you must have tried to determine the adult's whereabouts yourself, for example at the state residents' office or at the registry office.
  • Submit documents related to your own investigation.
• The court examines the documents submitted.
• The court appoints a guardian in absentia by order.
• You will receive the fee notice.

Processing time

The processing time depends on the individual case.

Fees

The court charges a fee for the management of the guardianship. In addition, there is remuneration for the work of the guardian.


Costs are charged in accordance with the Court and Notary Fees Act (GNotKG). In guardianship cases, fees are only charged to the person concerned if, at the time the respective fee is due, his assets after deducting liabilities amount to more than €25,000.

Legal remedies

The absent person or the carer has the opportunity to lodge a complaint.

Legal basis