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=S=> BGB 1901a. 1 If a person of full age who is able to consent has determined in writing , for the event of his becoming unable to consent , whether he consents to or prohibits specific tests of his state of health , treatment or medical interventions not yet directly immanent at the time of determination ( living will ) , the custodian must examine whether these determinations correspond to the current living and treatment situation . If this is the case , the custodian must see to it that the will of the person under custodianship is done . A living will may be revoked at any time without a specific form .
=S=> BGB 1901a. 2 If there is no living will , or if the determinations of a living will do not correspond to the current life and treatment situation , the custodian must determine the wishes with regard to treatment or the presumed will of the person under custodianship , and decide on this basis whether he consents to or prohibits a medical measure pursuant to subsection ( 1 ) . The presumed will must be ascertained on the basis of concrete indications . Consideration must be given , in particular , to previous oral or written statements , ethical or religious convictions and other personal values of the person under custodianship .
=S=> BGB 1901a. 3 Subsections ( 1 ) and ( 2 ) apply regardless of the nature and stage of any illness of the person under custodianship .
=S=> BGB 1901a. 4 No one may be obliged to establish a living will . The conclusion of a contract may not be made contingent on the establishment or submission of a living will .
=S=> BGB 1901a. 5 Subsections ( 1 ) to ( 3 ) apply to authorised representatives with the necessary modifications .
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