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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