No Automatic Extension of Adult Guardianship

Jun 11, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is currently deliberating on whether recent amendments introduced by the 2025 Austrian Budget Accompanying Act (Budgetbegleitgesetz) permit the automatic extension of existing court-appointed adult guardianships from three to five years.

The proceedings originated from a court-appointed adult guardianship initially scheduled to conclude in July 2025. Upon the implementation of the 2025 Budget Accompanying Act, the court of first instance extended the guardianship by an additional two years, until 2027, without conducting a personal hearing for the individual concerned. This extension was justified by reference to the newly established statutory maximum term of five years as stipulated in Section 246(1)(6) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB).

The individual filed an appeal regarding this ruling. The OGH sustained the appeal and overturned the judgments rendered by the inferior courts.

No automatic extension due to the legislative amendment

According to the OGH, the newly established five-year period serves solely as a statutory maximum. The exact length of any adult guardianship mandated by the court should remain subject to individualized judicial determination. The legislation does not allow for automatic or purely procedural extensions of existing guardianships.

The OGH affirmed that, despite the legislative amendment, it remains necessary to complete the entire renewal procedure.

Personal hearing remains mandatory

The OGH underscored the significance of the renewal process stipulated in Section 128 of the Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG). This procedure is designed to safeguard the self-determination of affected individuals and ensure that adult guardianship is maintained solely for the duration of genuine necessity.

Accordingly, a personal hearing for the individual concerned is required before any renewal process. Omitting this hearing violates the right to a fair hearing and constitutes a significant procedural error.

Protection against gaps in representation

Additionally, the OGH affirmed that the authority of the adult representative continues beyond the expiration of the original term, provided a timely renewal application is submitted. This measure is designed to ensure continuity in representation without interruption.

OGH 6 Ob 198/25y (18 March 2026)