Investigating human rights
available, or that legal guardians made arbitrary decisions regarding the
property of the affected persons.
Many complainants criticised the derogatory treatment they felt they
received from the offices of the professional legal guardians. This includes
the feeling that one is being “fobbed off” when calling these offices and the
lack of monthly contact with the legal guardians. Complainants criticised
that offices specialising in legal guardianship neglected their duties due to
the large number of legal guardianships they took on – far more than the
intended number of 25. The AOB has noticed that the same offices are subject
to criticism year after year. According to the Federal Ministry of Justice, there
is no central register of all the legal guardianships that have been taken over,
despite the Federal Electronic File Management System (ELAK).
Still no central register
of legal guardians
As an ex-post control body for the public administration, the AOB cannot
provide the desired assistance. Legal guardians are appointed, replaced or
removed by court orders. Decisions of the independent courts can only be
reviewed by judicial appeal and must be acknowledged by the AOB without
comment. The name “Ombudsman Board” often leads complainants to expect
that the AOB is responsible for providing legal advice or representation. In
these cases, the AOB provides information regarding the organisation that
provides initial free legal advice, which has been (re-)established by the bar
association.
As in the past, the AOB referred affected persons to the competent court sections.
The desperation of the situation was often unmistakable to the AOB during
in-person contacts with the affected persons and their close relatives and in
telephone conversations. Affected persons and their close relatives criticised
their powerlessness and the fact that they depend on the mercy of persons who
had “purely financial interests”, but not the desire to act in the best interests
of their wards. Persons, who due to illness cannot file an application with the
court regarding an individual legal guardian or the performance of their legal
guardianship role, are unable to change a situation that they may consider
unacceptable. Concerned persons, such as relatives, friends and neighbours,
have no standing before the court and therefore have no right to file an
application. The AOB cannot examine whether or how the court responds to
the suggestions of third parties.
Jurisdiction of the
courts
A young academic complained that her grandmother was not being
appropriately cared for by the Vienna Social Fund. At the suggestion of the
Fund, a legal guardian from outside the family was appointed, who deprived
the relatives of all their rights. The grandmother was taken to the hospital
suffering from malnutrition, where she died.
Malnutrition due to
poor care
Friends of an elderly artist contacted the AOB and reported that his legal
guardian was not taking care of their friend. He was not being properly cared
for, despite having a good pension. He was completely neglected and could
Neglect due to lack of
care
71
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