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Dokument BGB Book 4 Family Law
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354
=S=> BGB 1906. 1 It is admissible for the custodian to put the person under custodianship in accommodation that is associated with deprivation of liberty only as long as this is necessary for the best interests of the person under custodianship because by reason of a mental illness or mental or psychological handicap of the person under custodianship there is a danger that he will kill himself or cause substantial damage to his own health , or an examination of the state of health of the person under custodianship , therapeutic treatment or an operation is necessary without which the accommodation of the person under custodianship cannot be carried out and the person under custodianship , by reason of a mental illness or mental or psychological handicap , cannot recognise the necessity of the accommodation or cannot act in accordance with this realisation .
=S=> BGB 1906. 2 The accommodation is admissible only with the approval of the custodianship court . Without the approval , the accommodation is admissible only if delay entails risk ; the approval must thereafter be obtained without undue delay .
=S=> BGB 1906. 3 The custodian must terminate the accommodation if its requirements cease to be satisfied . He must notify the custodianship court of the termination of the accommodation .
=S=> BGB 1906. 4 Subsections ( 1 ) to ( 3 ) apply with the necessary modifications if the person under custodianship who is in an institution , a home or another establishment without being accommodated there is to be deprived of his liberty by mechanical devices , by medical drugs or in another way for a long period of time or regularly .
=S=> BGB 1906. 5 The accommodation by an authorised person and the consent of an authorised person to measures under subsection ( 4 ) require that the power of attorney be granted in writing and expressly covers the measures set out in subsections ( 1 ) and ( 4 ) . Apart from this , subsections ( 1 ) to ( 4 ) apply with the necessary modifications .