NEWS ON THE CARE LEGACY (2 Ob 33/25d)

In Austria, individuals who cared for the deceased before their death are entitled to a care legacy.

In its recent ruling, the Supreme Court clarified the concept of care, stating that:

(a) mere visits and telephone conversations with a person accommodated in a care home do not fall under the concept of care. However, support services that concern mental well-being alone can fall under the concept of care. However, these must be services that the care recipient was unable to perform independently due to their need for care (e.g. reading aloud).

(b) Organisational services provided by the caregiver can fall under the concept of care, provided that the care recipient was prevented from performing them due to their need for care, and that these services have improved their ability to lead a self-determined life.

(c) The entitlement presupposes that the caregiver's services taken overall exceed the insignificance limit. This limit is exceeded if an average of more than 20 hours per month is spent on care.

If you have any additional questions, please do not hesitate to contact us.

(c) Picture by Andrea Piacquadio on Pexels