321
=S=> BGB 1904. 1 The consent of the custodian to an examination of the state of health of the person under custodianship , to therapeutic treatment or to an operation is subject to the approval of the custodianship court if the justified danger exists that the person under custodianship will die or will suffer serious injury to his health that lasts for a long period by reason of the measure . Without the approval , the measure may be carried out only if delay entails danger .
=S=> BGB 1904. 2 The non-consent to or revocation of the consent of the custodian to a test of the state of health , treatment or medical intervention requires the approval of the custodianship court if the measure is medically indicated and there is justified reason to fear that the person under custodianship will die or suffer serious , long-term detriment to health if the measure is not carried out or is discontinued .
=S=> BGB 1904. 3 Approval pursuant to subsections ( 1 ) and ( 2 ) must be given if the consent , non-consent or revocation of consent corresponds to the will of the person under custodianship .
=S=> BGB 1904. 4 Approval pursuant to subsections ( 1 ) and ( 2 ) is not required if agreement is reached between the custodian and the physician in attendance that the granting , non-granting or revocation of consent corresponds to the will of the person under custodianship established pursuant to section 1901a.
=S=> BGB 1904. 5 Subsections ( 1 ) to ( 4 ) also apply to an authorised representative . The latter may only consent to , not consent to or revoke consent to one of the measures designated in subsection ( 1 ) sentence 1 or subsection ( 2 ) if the power of attorney expressly includes these measures and is given in writing .
|
