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=S=> BGB 1896. 1 If a person of full age , by reason of a mental illness or a physical , mental or psychological handicap , cannot in whole or in part take care of his affairs , the custodianship court , on his application or of its own motion , appoints a custodian for him . The application may also be made by a person incapable of contracting . To the extent that the person of full age cannot take care of his affairs by reason of a physical handicap , the custodian may be appointed only on the application of the person of full age , unless the person is unable to make his will known .
=S=> BGB 1896. 1a A custodian may not be appointed against the free will of the person of full age .
=S=> BGB 1896. 2 A custodian may be appointed only for groups of tasks in which the custodianship is necessary . The custodianship is not necessary to the extent that the affairs of a person of full age may be taken care of by an authorised person who is not one of the persons set out in section 1897 ( 3 ) , or by other assistants for whom no legal representative is appointed , just as well as by a custodian .
=S=> BGB 1896. 3 The assertion of rights of the person under custodianship vis-à-vis the person authorised by him may also be defined as a group of tasks .
=S=> BGB 1896. 4 The decision on the telecommunications of the person under custodianship and on the receipt , opening and withholding of his post are included in the group of tasks of the custodian only if the court has expressly ordered this .
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