(1) If a person of full age, by reason of a mental illness or a physical, mental or psychological handicap, cannot as a whole or in part take care of their affairs, the custodianship court, on application by that person or of its own motion, appoints a custodian for them. The application also may be made by a person incapable of contracting. To the extent that the person of full age cannot attend to their affairs by reason of a physical handicap, the custodian may be appointed only on application by the person of full age, unless the person is unable to make their will known.
(1a) A custodian may not be appointed against the free will of the person of full age.
(2) A custodian may be appointed only for the scope of functions regarding which the custodianship is required. The custodianship is not required to the extent that the affairs of a person of full age can 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.
(3) The assertion of rights of the person under custodianship vis-à-vis the person authorised by them also may be defined as a scope of functions.
(4) The decision on the telecommunications of the person under custodianship and on the taking of receipt, opening and withholding of their post are included in the custodian’s scope of functions only if the court has expressly ordered this.