OGH on Adult Representation: No Third-Party Applications

Oct 31, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly determined that third parties are not entitled to submit motions in proceedings relating to the guardianship court’s approval of a purchase agreement.

In the case at hand, it has become an issue to determine whether appointing a legal adult representative for the individual is necessary, and whether his wife should be considered the preferred candidate. At present, a temporary adult representative has been legally appointed to manage his income and assets and to act on his behalf in all company law matters.

Application for court approval of a guardianship property purchase agreement

The individual in question, represented by his wife as his designated adult representative, together with the purchasers, submitted a purchase agreement regarding the sale of his property shares to the court of first instance, seeking approval from the guardianship court. The property purchase agreement was duly executed by both the individual and his wife.

The lower court dismissed the application, finding that the purchase agreement did not benefit the individual in question. All proceeds from the sale would go solely to the individual's wife, not to the individual himself. The appellate court agreed with this decision, adding that the buyers, as unrelated parties in the guardianship court's review of the purchase agreement, lacked standing to submit an application.

No third-party applications

The OGH affirmed the judgments of the lower courts, holding that a contractual partner of an individual under guardianship—who was not a participant in the guardianship proceedings intended for the protection of the ward—lacks standing to contest the guardianship court‘s decision regarding the approval or rejection of a contract with the person under guardianship.

An exception is made only when a guardianship court decision encroaches upon the existing or lawfully established rights of third parties. Examples may include instances where the court instructs a third party to relinquish a key or imposes a freeze on a savings account to which a third party asserts a claim. In the current case, this exception does not apply, as the legal effectiveness of the purchase agreement for the individual’s property shares is dependent upon the approval of the guardianship court.

OGH 3 Ob 107/25v (24 September 2025)